CHAPTER 135TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOROWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS[Prior to 12/3/86, Water, Air and Waste Management[900]]567135.1(455B)��Authority, purpose and applicability.����135.1(1)����Authority.��Iowa Code chapter 455B, division IV, part 8, authorizes the department to regulate underground tanks used for storage of regulated substances, and to adopt rules relating to detection, prevention and correction of releases of regulated substances from such tanks, maintenance of financial responsibility by owners or operators of such tanks, new tank performance standards, notice and reporting requirements, and designation of regulated substances.��135.1(2)����Purpose.��The purpose of these rules is to protect the public health and safety and the natural resources of Iowa by timely and appropriate detection, prevention and correction of releases of regulated substances from underground storage tanks (UST).��135.1(3)����Applicability.����a.��The requirements of this chapter apply to all owners and operators of a UST system as defined in rule 567�135.2(455B) except as otherwise provided in paragraphs 135.1(3)�b� and �c.���(1)��Previously deferred UST systems. Airport hydrant fuel distribution systems, UST systems with field-constructed tanks, and UST systems that store fuel solely for use by emergency power generators must meet the requirements of these rules as follows:��1.��Airport hydrant fuel distribution systems and UST systems with field-constructed tanks must meet the requirements in rule 567�135.21(455B).��2.��UST systems that store fuel solely for use by emergency power generators installed on or before November 28, 2007, must meet the requirements in rule 567�135.5(455B) by October 13, 2021.��3.��UST systems that store fuel solely for use by emergency power generators installed after November 28, 2007, must meet all applicable requirements of this chapter at installation.��(2)��Any UST system listed in paragraph 135.1(3)�c� must meet the requirements of subrule 135.1(4).��b.��Exclusions. The following UST systems are excluded from the requirements of this chapter:��(1)��Any UST system holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances.��(2)��Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the federal Clean Water Act.��(3)��Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks.��(4)��Any UST system whose capacity is 110 gallons or less.��(5)��Any UST system that contains a de minimis concentration of regulated substances.��(6)��Any emergency spill or overflow containment UST system that is expeditiously emptied after use.��c.��Partial exclusions. Rules 567�135.3(455B), 567�135.4(455B), 567�135.5(455B), 567�135.6(455B), 567�135.15(455B) and 567�135.21(455B) do not apply to any of the following types of UST systems:��(1)��Wastewater treatment tank systems;��(2)��Any UST systems containing radioactive material that are regulated under the federal Atomic Energy Act of 1954 (42 U.S.C. 2011 and following);��(3)��Any UST system that is part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR 50 Appendix A;��(4)��Aboveground storage tanks associated with:��1.��Airport hydrant fuel distribution systems regulated under rule 567�135.21(455B); and��2.��UST systems with field-constructed tanks regulated under rule 567�135.21(455B).��d.��Nonpetroleum underground storage tank systems. Rules 567�135.8(455B) to 567� 135.12(455B) do not apply to any nonpetroleum underground storage tank system except as otherwise provided for by the department.��135.1(4)����Installation requirements for partially excluded UST systems.����a.��Owners and operators must install a UST system listed in subparagraphs 135.1(3)�c�(1) to 135.1(3)�c�(3) storing regulated substances (whether of single- or double-wall construction) that meets the following requirements:��(1)��Will prevent releases due to corrosion or structural failure for the operational life of the UST system;��(2)��Is cathodically protected against corrosion, constructed of noncorrodible material, steel clad with a noncorrodible material, or designed in a manner to prevent the release or threatened release of any stored substance; and��(3)��Is constructed or lined with material that is compatible with the stored substance.��b.��Notwithstanding paragraph 135.1(4)�a,� a UST system without corrosion protection may be installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life. Owners and operators must maintain records that demonstrate compliance with the requirements of this paragraph for the remaining life of the tank.Note: The following codes of practice may be used as guidance for complying with this subrule.NACE International Standard RP-02-85, Practice SP 0285, �External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection�; NACE International Standard Practice SP 0169, �Control of External Corrosion on Metallic Buried, Partially Buried, Underground or Submerged Metallic Piping Systems�; American Petroleum Institute Recommended Practice 1632, �Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems�; or Steel Tank Institute Recommended Practice R892, �Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems.� Related ARC(s): 5625C567135.2(455B)��Definitions.��Steel Tank Institute �Specification STI-P3� Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks�; Underwriters Laboratories Standard 1746, �External Corrosion Protection Systems for Steel Underground Storage Tanks�; Underwriters Laboratories of Canada S603, �Standard for Steel Underground Tanks for Flammable and Combustible Liquids,� and S603.1, �Standard for External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids,� and S631, �Standard for Isolating Bushings for Steel Underground Tanks Protected with External Corrosion Protection Systems�; Steel Tank Institute Standard F841, �Standard for Dual Wall Underground Steel Storage Tanks�; or NACE International Standard Practice SP 0285, �External Corrosion Control of Underground Storage Systems by Cathodic Protection,� and Underwriters Laboratories Standard 58, �Standard for Steel Underground Tanks for Flammable and Combustible Liquids.� ��(3)��The tank is constructed of steel and clad or jacketed with a noncorrodible material; or Note: The following industry codes may be used to comply with subparagraph135.3(1)�a�(3): Underwriters Laboratories Standard 1746, �Corrosion Protection Systems for Underground Storage Tanks�; Steel Tank Institute ACT-100� Specification F894, �Specification for External Corrosion Protection of FRP Underground Storage Tanks�; Steel Tank Institute ACT-100-U� Specification F961, �Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks�; or Steel Tank Institute Specification F922, �Steel Tank Institute Specification for Permatank�.� ��(4)��The tank is constructed of metal without additional corrosion protection measures provided that:Underwriters Laboratories Standard 971, �Nonmetallic Underground Piping for Flammable Liquids�; or Underwriters Laboratories of Canada Standard S6660, �Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids.� ��(2)��The piping is constructed of steel and cathodically protected in the following manner:American Petroleum Institute Recommended Practice 1632, �Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems�; Underwriters Laboratories Subject 971A, �Outline of Investigation for Metallic Underground Fuel Pipe�; Steel Tank Institute Recommended Practice R892, �Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems�; NACE International Standard Practice SP 0169, �Control of External Corrosion on Underground or Submerged Metallic Piping Systems�; NACE International Standard Practice SP 0285, �External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection�; or National Fire Protection Association Standard 30, �Flammable or Combustible Liquids Code.� ��(3)��The piping is constructed of metal without additional corrosion protection measures provided that:American Petroleum Institute Publication 1615, �Installation of Underground Petroleum Storage System�; Petroleum Equipment Institute Publication RP100, �Recommended Practices for Installation of Underground Liquid Storage Systems�; or National Fire Protection Association Standard 30, �Flammable and Combustible Liquids Code,� and 30A, �Code for Motor Fuel Dispensing Facilities and Repair Garages.� ��e.����Certification of installation.��All owners and operators must ensure that the following methods of certification, testing, and inspection are used to demonstrate compliance with paragraph 135.3(1)�d�by providing a certification of compliance on the UST registration form in accordance with subrule135.3(3).��(1)��The installer is licensed by the department as provided in 567�Chapter 134, Part C; and��(2)��The installation has been inspected by a licensed installation inspector as required by 567�Chapter 134, Part C.��f.����Dispenser systems.��Each UST system must be equipped with under-dispenser containment (UDC) for any new or replaced dispenser system.��(1)��A dispenser system is considered new when both the dispenser and the equipment needed to connect the dispenser to the underground storage tank system are installed at a location where there previously was no dispenser (new UST system or new dispenser location at an existing UST system). The equipment necessary to connect the dispenser to the underground storage tank system includes check valves, shear valves, unburied risers or flexible connectors, or other transitional components that are underneath the dispenser and connect the dispenser to the underground piping.��(2)��UDC shall be installed whenever an existing dispenser system is removed and replaced with another dispenser and the equipment used to connect the dispenser to the underground storage tank system is replaced. This equipment includes flexible connectors or risers or other transitional components that are beneath the dispenser and connect the dispenser to the piping. UDC is not required when only the emergency shutoff or shear valves or check valves are replaced.��(3)��UDC shall be installed beneath the dispenser whenever ten feet or more of piping is repaired or replaced within ten feet of a dispenser.��(4)��UDC must be liquid-tight on its sides, bottom, and at any penetrations. UDC must allow for visual inspection and access to the components in the containment system or be periodically monitored for leaks from the dispenser system.��135.3(2)����Upgrading of existing UST systems.��Owners and operators must permanently close any UST system that does not meet the new UST system performance standards or has not been upgraded in accordance with paragraphs 135.3(2)�b� through �d.� This subrule does not apply to previously deferred UST systems. Upgrading is no longer allowed for UST systems not upgraded by December 22, 1998.��a.����Alternatives allowed.��Not later than December 22, 1998, all existing UST systems had to comply with one of the following requirements:��(1)��New UST system performance standards under 135.3(1);��(2)��The upgrading requirements in paragraphs �b� through �d� below; or��(3)��Closure requirements under rule 567�135.15(455B), including applicable requirements for corrective action under rules 567�135.7(455B) to 567�135.12(455B).Replacement or upgrade of a tank system on a petroleum contaminated site classified as a high or low risk in accordance with rule 567�135.12(455B) shall be a double wall tank or a tank equipped with a secondary containment system with monitoring of the space between the primary and secondary containment structures in accordance with paragraph135.5(4)�g.���b.����Tank upgrading requirements.��Steel tanks had to be upgraded to meet one of the following requirements in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory:��(1)��Interior lining.Tanks upgraded by internal lining must meet the following:American Petroleum Institute Publication 1631, �Recommended Practice for the Interior Lining of Existing Steel Underground Storage Tanks�; National Leak Prevention Association Standard 631, �Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection�; National Association of Corrosion Engineers Standard RP-02-85, �Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems�; and American Petroleum Institute Publication 1632, �Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems.� Note regarding paragraph 135.3(2)�b�(1)�2�: The following codes of practice may be used to comply with the periodic lining inspection requirement of this subrule:American Petroleum Institute Recommended Practice 1631, �Interior Lining and Periodic Inspection of Underground Storage Tanks�; National Leak Prevention Association Standard 631, Chapter B, �Future Internal Inspection Requirements for Lined Tanks�; Ken Wilcox Associates Recommended Practice, �Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera�; or Underwriters Laboratories (UL) 1856 Underground Fuel Tank Internal Retrofit Systems. ��c.����Piping upgrading requirements.��Metal piping that routinely contains regulated substances and is in contact with the ground must be cathodically protected in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and must meet the requirements of paragraphs135.3(1)�b�(2)�2,� �3,� and �4.�Note: The codes of practice listed in the note following subparagraph135.3(1)�b�(2) may be used to comply with this requirement.��d.����Spill and overfill prevention equipment.��To prevent spilling and overfilling associated with product transfer to the UST system, all existing UST systems must comply with UST system spill and overfill prevention equipment requirements specified in paragraph135.3(1)�c.���135.3(3)����Registration and notification requirements.����a.��Except as provided in paragraph135.3(3)�b,� the owner of an underground storage tank existing on or before July 1, 1985, shall complete and submit to the department a copy of the registration form provided by the department.��b.��The owner of an underground storage tank system taken out of operation between January 1, 1974, and July 1, 1985, shall complete and submit to the department a copy of the registration form provided by the department unless the owner knows the tank has been removed from the ground. For purposes of this subrule, �owner� means the person who owned the tank immediately before the discontinuation of the tank�s use.��c.��An owner or operator who brings into use an underground storage tank system after July 1, 1985, shall complete and submit to the department a copy of the registration form provided by the department within 30 days of the final installation inspection required in 567�paragraph 134.27(2)�c� by a licensed installation inspector. The owner or operator shall not allow the deposit of any regulated substance into the tank without prior approval of the department or until the permanent registration tag and annual tank tag have been attached to the tank fill pipe and the tank system is covered by an approved financial responsibility mechanism in accordance with 567�Chapter 136.��d.��All owners and operators of new UST systems must provide UST system details and a site diagram, and certify in the registration form compliance with the following requirements:��(1)��Installation of tanks and piping under paragraph135.3(1)�e�;��(2)��Cathodic protection of steel tanks and piping under paragraphs135.3(1)�a� and �b�;��(3)��Financial responsibility under 567�Chapter 136;��(4)��Release detection methods under subrules135.5(2) and 135.5(3);��(5)��Class A, B and C operator certification under subrule 135.4(6);��(6)��NESHAP Stage 1 vapor recovery.��e.��All owners and operators of new UST systems must ensure that the licensed installer certifies in the registration form that the methods used to install the tanks and piping comply with the requirements in paragraph135.3(1)�d.���f.��Exemption from reporting requirement. Paragraphs 135.3(1)�a� to �c� do not apply to an underground storage tank for which notice was given pursuant to Section 103, Subsection c, of the Comprehensive Environmental Response, Compensation, and Liabilities Act of 1980. (42 U.S.C. Subsection 9603(c))��g.��Reporting fee. The registration form submitted by the owner to the department under paragraphs 135.3(1)�a� to �c� shall be accompanied by a fee of $10 for each tank included in the form.��h.��Notification requirement for installing a tank. A person installing an underground storage tank and the owner or operator of the underground storage tank must notify the department of their intent to install the tank 30 days prior to installation. Notification shall be on a form provided by the department.��i.��Notification requirements for a person who acquires, sells, installs, modifies or repairs a UST system. ��(1)��A person, company or lending institution that assumes ownership or operation of a regulated underground storage tank must submit notification to the department on a form provided by the department within 30 days of acquisition and prior to tank operation. The owner must include copies of training certificates for the Class A and Class B operators (135.4(6)) and proof of financial responsibility required in 567�Chapter 136. The new owner is responsible for any current and back tank management fees that have not been previously paid.��(2)��A person who sells, installs, modifies, or repairs a tank used or intended to be used in Iowa shall notify, in writing, the purchaser and the owner or operator of the tank of the obligations specified in paragraphs 135.3(3)�c� and �j� and the financial assurance requirements in 567�Chapter 136. The notification must include the prohibition on depositing a regulated substance into tanks which have not been registered and issued tags by the department, or tanks which do not have financial assurance as required in 567�Chapter 136. A standard notification form supplied by the department may be used to satisfy this requirement.��j.��It is unlawful for a person to deposit or accept a regulated substance in an underground storage tank that has not been registered and issued permanent or annual tank management tags in accordance with rule 567�135.3(455B). It is unlawful for a person to deposit or accept a regulated substance into an underground storage tank if the person has received notice from the department that the underground storage tank is subject to a delivery prohibition or if there is a �red tag� attached to the UST fill pipe or fill pipe cap as provided in subrule 135.3(8).��(1)��The department may provide written authorization to receive a regulated substance when there is a delay in receiving tank tags or at new tank installations to allow for testing the tank system.��(2)��The department may provide known depositors of regulated substances lists of underground storage tank sites that have been issued tank tags, those that have not been issued tank tags, and those subject to a delivery prohibition pursuant to subrule 135.3(8). These lists do not remove the requirement for depositors to verify that current tank tags are affixed to the fill pipe prior to delivering product. Regulated substances cannot be delivered to underground storage tanks without current tank tags or those displaying a delivery prohibition �red tag� as provided in subrule 135.3(8).��(3)��A person shall not accept or deposit a regulated substance in an underground storage tank after receiving written or oral notice from the department that the tank is not covered by an approved form of financial responsibility in accordance with 567�Chapter 136.��k.��If an owner or operator fails to register an underground storage tank within 30 days after installation pursuant to paragraph 135.3(3)�c,� the owner or operator shall pay an additional $250 per tank late fee upon registration of the tank. The imposition of this fee does not preclude the department from assessing an additional administrative penalty in accordance with Iowa Code section 455B.476.��135.3(4)����Farm and residential tanks.����a.��The owner or operator of a farm or residential tank of 1100 gallons or less capacity used for storing motor fuel for noncommercial purposes is subject to the requirements of this subrule.��b.��Farm and residential tanks, installed before July 1, 1987, are required to be registered with the department.��c.��Farm and residential tanks installed on or after July 1, 1987, must be in compliance with all the underground storage tank regulations.��135.3(5)����Registration tags and annual management fee.����a.��Tanks of 1100 gallons or less capacity that have registered with the department will be issued a permanent registration tag.��b.��The owner or operator of tanks over 1,100-gallon capacity must submit a tank management fee form and fee payment of $65 per tank by January 15 of each year.��(1)��An additional $250 per tank late fee must be paid if the tank management fee is not paid by March 1.��(2)��The owner or operator must submit written proof that the tanks are covered by an approved form of financial responsibility in accordance with 567�Chapter 136.��(3)��Upon proper payment of the fee and acceptable proof of financial responsibility, and a determination there are no outstanding compliance violations, a one-year renewal tag will be issued for the period from April 1 to March 31.��(4)��If there are outstanding compliance violations, the annual tank tags may be withheld until the violations are corrected.��(5)��The department shall refund a tank management fee if the tank is permanently closed prior to April 1 for that year.��c.��The owner or operator shall affix the tag to the fill pipe of the underground storage tank where it will be readily visible.��d.��A person who conveys or deposits a regulated substance shall inspect the underground storage tank to determine the existence or absence of a permanent registration tag, a current annual renewal tag, or a delivery prohibition �red tag� as provided in subrule 135.3(8). If a current annual renewal tag, or a silver permanent tag for regulated tanks less than 1,100 gallons is not affixed to the fill pipe or fill pipe cap or if a delivery prohibition �red tag� is displayed, the person shall not deposit the substance in the tank.��e.��The owner or operator must return the tank tags upon request of the department for failure to meet the requirements of rules 567�135.3(455B) to 567�135.5(455B) or the financial responsibility rules in 567�Chapter 136 after permanent tank closure or when tanks are temporarily closed for over 12 months, or when the tank system is suspected to be leaking and the responsible party fails to respond as required in subrule 135.8(1). The department will not return the tags until the tank system is in full compliance with the technical requirements of this chapter and financial responsibility requirements of 567�Chapter 136.��135.3(6)����Previously unregistered petroleum underground storage tanks.��A petroleum underground storage tank required to be registered under subrules135.3(3) and 135.3(4), which has not been registered shall be registered under the following conditions:��a.��The tank registration fee under paragraph135.3(3)�g� shall accompany the registration.��b.��The storage tank management fee and any late fees under subrule135.3(5) and paragraph 135.3(3)�k� shall be paid for past years in which the tank should have been registered.��c.��The department may waive the late fee(s).��135.3(7)����Exemption certificates from the environmental charge on petroleum diminution.��Rescinded IAB 5/19/21, effective 6/23/21.��135.3(8)����Delivery prohibition process.����a.����Identifying sites subject to delivery response prohibition action.����(1)��Annual renewal tag and tank management fee process. Owners and operators shall certify to the following on a form prepared by the department when applying for annual tank tags pursuant to subrule 135.3(5):NACE International Test Method TM 0101, �Measurement Techniques Related to Criteria for Cathodic Protection of Underground Storage Tank Systems�; NACE International Test Method TM0497, �Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems�; Steel Tank Institute Recommended Practice R051, �Cathodic Protection Testing Procedures for STI-P3� USTs�; NACE International Standard Practice SP 0285, �External Control of Underground Storage Tank Systems by Cathodic Protection�; or NACE International Standard Practice SP 0169, �Control of External Corrosion on Underground or Submerged Metallic Piping Systems.� ��c.��UST systems with impressed current cathodic protection systems must also be inspected every 60 days to ensure the equipment is running properly.��d.��For UST systems using cathodic protection, records of the operation of the cathodic protection must be maintained (in accordance with 135.4(5)) to demonstrate compliance with the performance standards in this subrule. These records must provide the following:��(1)��The results of the last three inspections required in paragraph �c�; and��(2)��The results of testing from the last two inspections required in paragraph �b.���e.��When an impressed current cathodic protection system is failing cathodic protection for the time periods given below, owners and operators must take the following actions:��(1)��For impressed current cathodic protection systems that have been inoperative for 0 to 90 days after failing a corrosion protection test or after discovering the system is not operating, all of the following must be completed:��1.��Power must be restored to an inoperative corrosion protection system. A damaged or failed corrosion protection system must be repaired by a cathodic protection tester. A corrosion expert must approve any modifications to the system that are outside of the original design.��2.��The corrosion protection system must be retested within six months of repair.��3.��A copy of the test and any repairs must be kept as part of the cathodic protection records.��4.��A copy of the new design standards must be kept as part of the cathodic protection records.��(2)��For impressed current corrosion protection systems that have been inoperative for 90 to 365 days or repaired 90 to 365 days after failing a corrosion protection test, all of the following must be completed:��1.��Notify the department.��2.��Power must be restored to an inoperative corrosion protection system.��3.��The corrosion protection system must be repaired, tested and returned to service under the supervision of a corrosion expert.��4.��A precision tightness test must be conducted on the entire UST system.��5.��The corrosion protection system must be retested within six months of the repair or power being restored.��6.��A copy of the test and any repairs must be kept as part of the cathodic protection records.��7.��A copy of the new design standards must be kept as part of the cathodic protection records.��8.��If determined the tank is not suitable for corrosion protection, the tank must be permanently closed in accordance with subrule 135.15(2).��(3)��If the impressed current corrosion protection system has been inoperative for more than 365 days or was not repaired for more than 365 days after failing a corrosion protection test, all of the following must be completed:��1.��Notify the department.��2.��Immediately empty and stop using the tank system.��3.��An internal inspection of the steel tank must be conducted according to a national standard (e.g., API 1631). If the UST fails the internal inspection, the UST owner must permanently close the tank in accordance with subrule 135.15(2).��4.��All metal piping and buried metal components (e.g., flex connectors, couplings) that routinely contain product must be inspected by a UST professional or cathodic protection tester. If the metallic components have no visible corrosion and have passed a line tightness test (unless the piping is exempt from leak detection, e.g., Safe or European Suction) then the cathodic protection system may be repaired or replaced under the supervision of a corrosion expert. Metallic components that show visible corrosion must be replaced.��5.��A precision test must be conducted on the entire UST system following repair or replacement of the cathodic protection system.��6.��The corrosion protection system must be retested within six months of repair.��7.��A copy of the tests and any repairs must be kept as part of the cathodic protection records.��8.��A copy of the new design standards must be kept as part of the cathodic protection records.��(4)��If the impressed current cathodic protection system has been inoperable for more than 365 days and cannot or will not be brought back into immediate use, the tank system must be permanently closed in accordance with rule 567�135.15(2).��135.4(3)����Compatibility.��Owners and operators must use a UST system made of or lined with materials that are compatible with the substance stored in the UST system.��a.��Owners and operators must notify the department at least 30 days prior to switching to a regulated substance containing greater than 10 percent ethanol, greater than 20 percent biodiesel, or any other regulated substance identified by the department.��b.��Owners and operators must have a UST installer licensed under 567�Chapter 134, Part C, submit the department�s checklist for equipment compatibility for the UST system to the department at least 30 days prior to switching to a regulated substance containing greater than 10 percent ethanol or greater than 20 percent biodiesel, or any other regulated substance identified by the department.��c.��A retail dealer, as defined in Iowa Code section 214A.1, must show compliance with the requirements of Iowa Code sections 455G.32 and 455G.33, if applicable, by submitting and maintaining the applicable reporting and record-keeping documentation listed in subparagraphs 135.4(5)�a�(10), 135.4(5)�a�(11), 135.4(5)�b�(12), and 135.4(5)�b�(13).Note: Owners and operators storing alcohol blends may use the following codes to comply with the requirements of subrule 135.4(3): American Petroleum Institute Recommended Practice 1626, �Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Service Stations Filling Stations.���135.4(4)����Repairs and replacement.��Owners and operators of UST systems must ensure that repairs will prevent releases due to structural failure or corrosion as long as the UST system is used to store regulated substances. The repairs must meet the following requirements:��a.��Repairs to UST systems must be properly conducted in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory.Note: The following codes and standards may be used to comply with paragraph135.4(4)�a�: National Fire Protection Association Standard 30, �Flammable and Combustible Liquids Code�; International Fire Code; American Petroleum Institute Recommended Practice 2200, �Repairing Crude Oil, Liquefied Petroleum Gas, and Product Pipelines�; American Petroleum Institute Recommended Practice 1631, �Interior Lining and Periodic Inspection of Underground Storage Tanks�; National Fire Protection Association Standard 326, �Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair�; National Leak Prevention Association Standard 631, Chapter A, �Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks�; Steel Tank Institute Recommended Practice R972, �Recommended Practice for the Addition of Supplemental Anodes to STI-P3� Tanks�; NACE International Standard Practice SP 0285, �External Control of Underground Storage Tank Systems by Cathodic Protection�; or Fiberglass Tank and Pipe Institute Recommended Practice T-95-02, �Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks.� ��b.��Repairs to fiberglass-reinforced plastic tanks may be made by the manufacturer�s authorized representatives or in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory.��c.����Piping and fittings.����(1)��Metal pipe sections and fittings that have released product as a result of corrosion or other damage must be replaced. Noncorrodible pipes and fittings may be repaired in accordance with the manufacturer�s specifications.��(2)��Any replacement of ten feet or more of piping shall have secondary containment.��(3)��If 50 percent or more of any piping run is removed, the entire piping run must be removed and replaced with secondarily contained piping and interstitial monitoring.��(4)��All piping replacements requiring secondary containment shall be constructed with transition or intermediate containment sumps.��d.��Repairs to secondary containment areas of tanks and piping used for interstitial monitoring and to containment sumps used for interstitial monitoring of piping must have the secondary containment tested for tightness according to the manufacturer�s instructions, a code of practice developed by a nationally recognized association or independent testing laboratory, or according to requirements established by the department within 30 days following the date of completion of the repair. All other repairs to tanks and piping must be tightness tested in accordance with paragraphs135.5(4)�c� and 135.5(5)�b� within 30 days following the date of the completion of the repair except as provided in subparagraphs (1) to (3) below:��(1)��The repaired tank is internally inspected in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory; or��(2)��The repaired portion of the UST system is monitored monthly for releases in accordance with a method specified in paragraphs135.5(4)�d� through �i�; or��(3)��Another test method is used that is determined by the department to be no less protective of human health and the environment than those listed above.Note regarding paragraph 135.4(4)�d�: The following codes of practice may be used to comply with paragraph 135.4(4)�d�: Steel Tank Institute Recommended Practice R012, �Recommended Practice for Interstitial Tightness Testing of Existing Underground Double Wall Steel Tanks�; or Fiberglass Tank and Pipe Institute Protocol, �Field Test Protocol for Testing the Annular Space of Installed Underground Fiberglass Double and Triple-Wall Tanks with Dry Annular Space.� Petroleum Equipment Institute Publication RP1200, �Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities.� ��e.��Within six months following the repair of any cathodically protected UST system, the cathodic protection system must be tested in accordance with paragraphs135.4(2)�b� and �c� to ensure that it is operating properly.��f.��Within 30 days following any repair to spill or overfill prevention equipment, the repaired spill or overfill prevention equipment must be tested or inspected, as appropriate, in accordance with subrule 135.4(1) to ensure it is operating properly.��g.��Installation of any new or replacement turbine pumps involving the direct connection to the tank shall have secondary containment.��h.��UST system owners and operators must maintain records of each repair until the UST system is permanently closed or undergoes a change-in-service pursuant to subrule 135.15(2).��i.��Repairs or replacements to a UST system must be conducted by an Iowa-licensed UST professional whose license is issued for that specific work.��135.4(5)����Reporting and record keeping.��Owners and operators of UST systems must cooperate fully with inspections, monitoring and testing conducted by the department, as well as requests for document submission, testing, and monitoring by the owner or operator pursuant to Section 9005 of Subtitle I of the Solid Waste Disposal Act, as amended.��a.����Reporting.��Owners and operators must submit the following information to the department:��(1)��Notification for all UST systems (135.3(3)), which includes certification of installation for new UST systems (135.3(1)�e�);��(2)��Notification of equipment replacement or addition of new equipment;��(3)��Reports of all releases including suspected releases (135.6(1)), spills and overfills (135.6(4)), and confirmed releases (135.7(2));��(4)��Corrective actions planned or taken including initial abatement measures (135.7(3)), initial site characterization (567�135.9(455B)), free product removal (135.7(5)), investigation of soil and groundwater cleanup and corrective action plan (567�135.8(455B) to 567�135.12(455B)); ��(5)��A notification before permanent closure or change-in-service (135.15(2));��(6)��Notification of any change in ownership;��(7)��Notification of any change in Class A or Class B operators;��(8)��Notification of any loss of financial responsibility (i.e., insurance);��(9)��Notification prior to UST systems switching to certain regulated substances;��(10)��Documentation establishing compatibility and capability as required in Iowa Code section 455G.32, if applicable;��(11)��Documentation establishing compatibility and capability as required in Iowa Code section 455G.33, if applicable.��b.����Record keeping.��Owners and operators must maintain the following information:��(1)��A corrosion expert�s analysis of site corrosion potential if corrosion protection equipment is not used (135.3(1)�a�(4); 135.3(1)�b�(3)).��(2)��Documentation of operation of corrosion protection equipment (135.4(2));��(3)��Documentation of UST system repairs ( 135.4(4)�h�);��(4)��Documentation of compliance with release detection requirements (135.5(6)); ��(5)��Results of the site investigation conducted at permanent closure (135.15(3));��(6)��Cathodic protection system testing results (135.4(2));��(7)��Class A, B and C operator training certificates (135.4(6));��(8)��Secondary containment test results (135.3(9));��(9)��Documentation of periodic walkthrough inspections (135.4(13));��(10)��Documentation of compatibility for UST systems (135.4(3));��(11)��Documentation of compliance for spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping (135.4(12));��(12)��Documentation establishing compatibility and capability as required in Iowa Code section 455G.32, if applicable;��(13)��Documentation establishing compatibility and capability as required in Iowa Code section 455G.33, if applicable.��c.����Availability and maintenance of records.��Owners and operators must keep the records required either:��(1)��At the UST site and immediately available for inspection by the department; or��(2)��At a readily available alternative site and be provided for inspection to the department within two business days of department request.Note: In the case of permanent closure records required under subrule135.15(5), owners and operators are also provided with the additional alternative of mailing closure records to the department if they cannot be kept at the site or an alternative site as indicated above.��135.4(6)����Training required for UST operators.����a.��An owner or operator shall designate Class A, Class B, and Class C operators for each underground storage tank system or facility that has underground storage tanks regulated by the department, except for unstaffed facilities, which may designate only Class A and Class B operators.��b.��A facility may not operate unless operators have been designated and trained as required in this rule, or unless otherwise agreed upon by the department based on a finding of good cause for failure to meet this requirement and a plan for designation and training at the earliest practicable date.��c.��Trained operators must be readily available to respond to suspected or confirmed releases, equipment shut-offs or failures, and other unusual operating conditions.��d.��A Class A or Class B operator should be immediately available for telephone consultation with the Class C operator when a facility is in operation. Class A or Class B operators should be able to be on site at the storage tank facility within four hours.��e.��For staffed facilities, a Class C operator must be on site whenever the UST facility is in operation. ��f.��For unstaffed facilities, a Class B operator must be geographically located such that the person can be on site within two hours of being contacted by the public, the owner or operator of the facility, or the department. Emergency contact information and emergency procedures must be prominently displayed at the site. An unstaffed facility shall have an emergency shutoff device as provided in 135.5(1) and a sign posted in a conspicuous place that includes the name and telephone number of the facility owner, an emergency response telephone number to contact the Class B operator, and information on local emergency responders. ��g.��Designated operators must successfully complete required training under subrule 135.4(9).��h.��A person may be designated for more than one class of operator.��i.��When a facility is found to be out of compliance, the department may require that the designated UST system Class A, B, or C operator be retrained under a plan approved by the department. The retraining must occur within 30 days from departmental notice for Class A and Class B operators and within 15 days for Class C operators.��135.4(7)����UST operator responsibilities.����a.����Class A operator.����(1)��Class A operators have the primary responsibility to operate, maintain, and have knowledge of the regulatory requirements for the underground storage tank system and facility. The Class A operator�s responsibilities include managing resources and personnel to achieve and maintain compliance with regulatory requirements under this chapter in the following ways:Requirements developed by the manufacturer (Note: Owners and operators may use this option only if the manufacturer has developed requirements); or A code of practice developed by a nationally recognized association or independent testing laboratory; or Requirements determined by the department to be no less protective of human health and the environment than the requirements listed in this subrule. ��(2)��Overfill prevention equipment must be inspected at least once every three years. At a minimum, the inspection must ensure that overfill prevention equipment is set to activate at the correct level specified in paragraph 135.3(1)�c� and will activate when regulated substance reaches that level. Inspections must be conducted in accordance with one of the following criteria:American Petroleum Institute Recommended Practice RP 1604, �Closure of Underground Petroleum Storage Tanks�; American Petroleum Institute Standard 2015, �Safe Entry and Cleaning of Petroleum Storage Tanks, Planning and Managing Tank Entry From Decommissioning Through Recommissioning�; American Petroleum Institute Recommended Practice 2016, �Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks�; American Petroleum Institute Recommended Practice RP 1631, �Interior Lining and Periodic Inspection of Underground Storage Tanks,� may be used as guidance for compliance with this subrule; National Fire Protection Association Standard 326, �Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair�; and National Institute for Occupational Safety and Health Publication 80-106, �Criteria for a Recommended Standard...Working in Confined Space� may be used as guidance for conducting safe closure procedures at some hazardous substance tanks. ��135.15(3)����Assessing the site at closure or change-in-service.����a.��Before permanent closure or a change-in-service is completed, owners or operators must measure for the presence of a release where contamination is most likely to be present at the UST site. This soil and groundwater closure investigation must be conducted or supervised by a groundwater professional certified under 567�Chapter 134, Part A, unless the department in its discretion grants an exemption and provides direct supervision of the closure investigation. In selecting the sample types, sample locations, and measurement methods, owners and operators must consider the method of closure, the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a release.At UST sites with a history of petroleum storage, soil and groundwater samples shall in every case be analyzed for benzene, toluene, ethylbenzene, and xylenes (BTEX) with each compound reported separately in accordance with rule567�135.16(455B). If there has been a history or suspected history of petroleum storage other than gasoline or gasoline blends (i.e., all grades of diesel fuels, fuel oil, kerosene, oil and mineral spirits), or such storage history is unknown or uncertain, soil and groundwater samples shall also be analyzed for total extractable hydrocarbons in accordance with rule567�135.16(455B).All such samples shall be collected separately and shipped to a laboratory certified under 567�Chapter 83 within 72 hours of collection. Samples shall be refrigerated and protected from freezing during shipment to the laboratory.When a UST is removed from an area of confirmed contamination, the department may waive closure sampling if written documentation is submitted with the closure notification. Documentation should include laboratory analytical reports and a site map showing tank and piping locations along with contamination plume and sampling locations.��b.��For all permanent tank and piping closures or changes-in-service, at least one water sample must be taken from the first saturated groundwater zone via a developed monitoring well except as provided in paragraph 135.15(3)�g.�The well must be located downgradient from and as close as possible to the UST system but no farther away than 20 feet from system components. At some tank and piping closures, a minimum of one monitoring well may not be sufficient to represent a release where it is most likely to be present. An additional groundwater monitoring well or wells may be necessary.If, however, the first saturated groundwater zone is not encountered within 10 feet below the lowest elevation of the tank excavation, the requirement for groundwater sampling shall not apply unless:��(1)��Sands or highly permeable soils are encountered within 10 feet below the lowest level of the tank excavation which together with the underlying geology would, in the judgment of the department, pose the reasonable possibility that contamination may have reached groundwaters deeper than 10 feet below the lowest level of the tank excavation. The method of determining highly permeable soil is found in the departmental guidance documents entitled �Underground Storage Tank Closure Procedures for Tank and Piping Removal� and �Underground Storage Tank Closure for Filling in Place.���(2)��Indications of potential groundwater contamination, including petroleum products in utility lines, petroleum products in private wells, petroleum product vapors in basements or other structures, occur in the area of the tank installation undergoing closure or change-in-service.��c.��For permanent closure by tank removal, the departmental guidance document entitled �Underground Storage Tank Closure Guidance� must be followed. The minimum number of soil samples that must be taken depends on the tank size and length of product piping. Samples must be taken at a depth of 1 to 2 feet beneath the tank fill area below the base of the tank along the tank�s centerline. Soil samples must also be taken at least every 10 feet along the product piping at a depth of 1 to 2 feet beneath the piping fill area below the piping, unless alternate sampling is approved by the department.If sands or other highly permeable soils are encountered, alternative sampling methods may be required.If contamination is suspected or found in any area within the excavation (i.e., sidewall or bottom), a soil sample must be taken at that location.The numbers of samples required for tanks are as follows:Nominal Tank Capacity(gallons)Number ofSamplesLocationon Centerline1,000 or less1center of tank1,001 - 8,00021/3 from ends8,001 - 30,00035 feet from ends and at center of tank30,001 - 40,00045 and 15 feet from ends40,001 and more55 and 15 feet from ends and at center of tank��d.��For closing a tank in place by filling with an inert solid material or for a change-in-service, the departmental guidance document entitled �Underground Storage Tank Closure for Filling in Place� must be followed. The minimum number of soil borings required for sampling depends on the size of the tank and the length of the product piping. Soil samples must be taken within 5 feet of the sides and ends of the tank at a depth of 2 to 4 feet below the base of the tank, but outside the backfill material, at equal intervals around the tank. Soil samples must also be taken at least every 10 feet along the product piping at a depth of 1 to 2 feet beneath the piping fill area below the piping, unless alternate sampling is approved by the department. If sands or other highly permeable soils are encountered, alternative sampling methods may be required.The minimum numbers of soil borings and samples required are as follows:Nominal Tank Capacity(gallons)Number ofSamplesLocationof Samples6,000 or less41 each end and each side6,001 - 12,00061 each end and 2 each side12,001 or more81 each end and 3 each side��e.��A closure report in a format prescribed by the department must be submitted to the department within 45 days of the tank removal or sampling for a closure in place. Refer to the Underground Storage Tank Closure Guidance for reporting format. The tank tags must be returned with the closure report.��f.��The requirements of this subrule are satisfied if one of the external release detection methods allowed in 135.5(4)�e� and �f� is operating in accordance with the requirements in 135.5(4) at the time of closure and indicates no release has occurred.��g.��If contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered during the site assessment or by any other manner, contact the department in accordance with 135.6(1). Normal closure procedures no longer apply. Owners and operators must begin corrective action in accordance with rules 567�135.7(455B) to 567�135.12(455B).Identification of free product requires immediate response in accordance with 135.7(5). If contamination appears extensive or the groundwater is known to be contaminated, a full assessment of the contamination will be required. When a full assessment is required or anticipated, collection of the required closure samples is not required. If contamination appears limited to soils, overexcavation of the contaminated soils in accordance with 135.15(4) may be allowed at the time of closure.��135.15(4)����Overexcavation of contaminated soils at closure.����a.��If contaminated soils are discovered while assessing a site at closure in accordance with 135.15(3), owners and operators may overexcavate up to one foot of the contaminated soils surrounding the tank pit. The contamination and overexcavation must be reported to the department in accordance with the requirements of 135.6(4)�a� prior to backfilling the excavation. If excavation is limited to one foot of contaminated soils, a soil sample shall be taken and laboratory analyzed in accordance with 567�135.16(455B) from the area showing the greatest contamination. Any overexcavation of contaminated soils beyond one foot of contaminated soils is considered expedited corrective action and must be conducted by a certified groundwater professional in accordance with the procedures in 135.12(11).��b.��Excavated contaminated soils must be properly disposed in accordance with 567�Chapters 100, 101, 102, 120, and 121, Iowa Administrative Code.��c.��A report must be submitted to the department within 30 days of completion of the laboratory analysis. The report must include the requirements of 135.15(3)�e� and a dimensional drawing showing the depth and area of the excavation prior to and after overexcavation. The area of contamination must be shown.��135.15(5)����Applicability to previously closed UST systems.��When directed by the department, the owner and operator of a UST system permanently closed before October 24, 1988, must assess the excavation zone and close the UST system in accordance with this rule if releases from the UST may, in the judgment of the department, pose a current or potential threat to human health and the environment.��135.15(6)����Closure records.��Owners and operators must maintain records in accordance with 135.4(5) that are capable of demonstrating compliance with closure requirements under this rule. The results of the excavation zone assessment required in 135.15(3) must be maintained for at least three years after completion of permanent closure or change-in-service in one of the following ways:��a.��By the owners and operators who took the UST system out of service;��b.��By the current owners and operators of the UST system site; or��c.��By mailing these records to the department if they cannot be maintained at the closed facility.��135.15(7)����Applicability to pre-1974 USTs.��The closure provisions of rule 567�135.15(455B) are not applicable to USTs which have been out of operation prior to January 1, 1974. For purposes of this subrule, out of operation means that no regulated substance has been deposited into or dispensed from the tanks and that the tanks do not currently contain an accumulation of regulated substances other than a de minimis amount as provided in paragraph135.15(1)�a.�Owners and operators or other interested parties are not required to submit documentation that USTs meet the exemption conditions and may rely on this subrule as guidance. However, should a question arise as to whether USTs meet the exemption, or owners and operators or other interested parties request acknowledgment by the department that USTs are exempt, they must submit an affidavit on a form provided by the department. The affiant must certify that based on a reasonable investigation and to the best of the affiant�s knowledge, the USTs were taken out of operation prior to January 1, 1974, the USTs have not contained a regulated substance since January 1, 1974, and the USTs do not currently contain an accumulation of regulated substances.If the department has a reasonable basis to suspect a release has occurred, the release investigation and confirmation steps of rule 567�135.6(455B) and the corrective action requirements as provided in rules567�135.7(455B) through 567�135.12(455B) shall apply.Related ARC(s): 8124B, 5625C567135.16(455B)��Laboratory analytical methods for petroleum contamination of soil and water.����135.16(1)����General.��When analyzing for petroleum or hazardous substances, owners and operators of UST systems must use a laboratory certified under 567�Chapter 83. In addition they must ensure that all samples are properly preserved and shipped within 72 hours of collection to a laboratory certified under 567�Chapter 83. This rule provides acceptable analytical procedures for petroleum substances and required information that must be provided in all laboratory reports.��135.16(2)����Laboratory report.��All laboratory reports must contain the following information:��a.��Laboratory name, address, telephone number and Iowa laboratory certification number. If analytical work is subcontracted to another laboratory, the analytical report from the certified lab which analyzed the sample must be submitted and include the information required in this subrule.��b.��Medium sampled (soil, water).��c.��Client submitting sample (name, address, telephone number).��d.��Sample collector (name, telephone number).��e.��UST site address.��f.��Clients sample location identifier.��g.��Date sample was collected.��h.��Date sample was received at laboratory.��i.��Date sample was analyzed.��j.��Results of analyses and units of measure.��k.��Detection limits.��l.��Methods used in sample analyses (preparation method, sample detection method, and quantitative method).��m.��Laboratory sample number.��n.��Analyst name.��o.��Signature of analyst�s supervisor.��p.��Condition in which the sample was received at the laboratory and whether it was properly sealed and preserved.��q.��Note that analytical results are questionable if a sample exceeded an established holding time or was improperly preserved. (The recommended holding time for properly cooled and sealed petroleum contaminated samples is 14 days, except for water samples containing volatile organic compounds which have a 7-day holding time unless acid-preserved.)��r.��Laboratory reports required by this chapter for tank closure investigations under 567�135.15(455B) and site checks under 135.6(3) or Tier 1 or Tier 2 assessments under 567�135.9(455B) to 567�135.11(455B) must include a copy of the chromatograms and associated quantitation reports for the waste oil, diesel and gasoline standard used by the laboratory in analyzing submitted samples. The laboratory analytical report for each sample must state whether the sample tested matches the laboratory standard for waste oil, diesel or gasoline or that the sample cannot be reliably matched with any of these standards. A copy of the chromatograms and associated quantitation reports for only the soil and groundwater samples with the maximum concentrations of BTEX and TEH must be included.��135.16(3)����Analysis of soil and water for high volatile petroleum compounds (i.e., gasoline, benzene, ethylbenzene, toluene, xylene).��Sample preparation and analysis shall be by Method OA-1, �Method for Determination of Volatile Petroleum Hydrocarbons (gasoline),� revision 12/01/2019, state hygienic laboratory at the University of Iowa, or EPA Method 8260D, �Test Methods for Evaluating Solid Waste,� 3rd Edition�Update 6, July 2018. Copies of Method OA-1 are available from the department.��135.16(4)����Analysis of soil and water for low volatile petroleum hydrocarbon contamination (i.e., all grades of diesel fuel, fuel oil, kerosene, oil, and mineral spirits).��Sample preparation and analysis shall be by Method OA-2, �Determination of Extractable Petroleum Products (and Related Low Volatility Organic Compounds),� revision 12/01/2019, state hygienic laboratory at the University of Iowa. Copies of Method OA-2 are available from the department.��135.16(5)����Analysis of soil gas for volatile petroleum hydrocarbons.��Analysis of soil gas for volatile petroleum hydrocarbons shall be conducted in accordance with the National Institute for Occupational Safety and Health (NIOSH) Method 1501, Issue 3, March 15, 2003, or a department-approved equivalent method.��135.16(6)����Analytical methods for methyl tertiary-butyl ether (MTBE).��Analysis of water for MTBE must be conducted by a laboratory certified under 567�Chapter 83 for petroleum analyses.��a.��Sample preparation and analysis shall be by U.S. Environmental Protection Agency Method 8260D, �Test Methods for Evaluating Solid Waste,� 3rd Edition�Update 6, July 2018.��b.��Laboratories performing the analyses must run standards for MTBE on a routine basis, and standards for other possible compounds like ethyl tertiary-butyl ether (ETBE), tertiary-amyl methyl ether (TAME), di-isopropyl ether (DIPE), and tertiary-butyl alcohol (TBA) to be certain of their identification should they be detected.��c.��Laboratories must run a method detection limit study and an initial demonstration of capability for MTBE. These records must be kept on file.��d.��The minimum detection level for MTBE in water is 15 ug/L.Related ARC(s): 5625C567135.17(455B)��Evaluation of ability to pay.����135.17(1)��General. The ability to pay guidance procedures referenced in this rule will be used by the department when an owner or operator of an underground storage tank (UST) claims to be financially unable to comply with corrective action requirements under 567�135.7(455B) to 567�135.12(455B) or closure investigation requirements under 567�135.15(455B). If an owner or operator of a regulated UST claims to be financially unable to meet these departmental requirements, that responsible party must provide documentation of the party�s finances on forms provided by the department in order for the department to act on the claim of financial inability. The department may request additional financial documentation to verify or supplement reported information.��135.17(2)��Individual claims. The financial ability of individual owners and operators of USTs, with or without an active business (including but not limited to sole proprietorships and general partnerships), may be evaluated using the most current version of �INDIPAY� developed by the U.S. Environmental Protection Agency and generally accepted principles of financial analysis. This guidance is only one tool the department may use in evaluating claims of financial inability.��135.17(3)��Corporate claims. The financial ability of corporate owners and operators of USTs may be evaluated using the most current version of �ABEL� developed by the U.S. Environmental Protection Agency and generally accepted principles of financial analysis. This guidance is only one tool the department may use in evaluating claims of financial inability.��135.17(4)��Federal LUST Trust Fund. The financial ability of owners and operators of USTs shall be evaluated for the purpose of determining if the department is authorized to use Federal LUST Trust Fund moneys as provided in the current cooperative agreement with the U.S. Environmental Protection Agency, Region VII. A determination of financial inability does not create an entitlement or any expectation interest on behalf of an owner or operator that Federal LUST Trust Fund moneys will be used for corrective action at any individual site.��135.17(5)��The evaluation of financial ability will also be used by the department in making other administrative planning decisions including but not limited to decisions as to whether to pursue and when to pursue administrative or judicial enforcement of regulatory and statutory duties and the assessment of penalties. A determination of financial inability does not create an entitlement or expectation interest that enforcement actions will be deferred or suspended. The evaluation of this factor is only one of many affecting the department�s fully discretionary decisions regarding enforcement options and program planning.��135.17(6)��An evaluation of financial inability as provided in this rule does not relieve any owner or operator of legal liability to comply with department rules or Iowa Code chapter 455B or provide a defense to any legal actions to establish liability or enforce compliance.Related ARC(s): 5625C567135.18(455B)��Transitional rules.����135.18(1)����Risk-based corrective action assessment reports, corrective action plans, and corrective action design reports accepted before August 6, 2008.��Any owner or operator who had a Tier 2 site cleanup report, Tier 3 report, or corrective action design report approved by the department before August 6, 2008, may elect to submit a Tier 2 site cleanup report using the Appendix B revised model, department-developed software and rules in effect as of August 6, 2008. The owner or operator shall notify the department that the owner or operator wishes to evaluate the leaking underground storage tank site with the Appendix B revised model, software and rules. If the owner or operator so elects, the site shall be assessed, classified, and, if necessary, remediated, in accordance with the rules of the department as of August 6, 2008. If the leaking underground storage tank site is undergoing active remediation, the remediation system shall remain operating until the reevaluation is completed and accepted or as otherwise approved by the department. Once a site has been evaluated using the Appendix B revised model, software and rules in effect as of August 6, 2008, it can no longer be evaluated with the Appendix B-1 old model and software and rules in effect prior to August 6, 2008.��135.18(2)����Risk-based corrective action assessment reports, corrective action plans, and corrective action design reports in the process of preparation with a submittal schedule established prior to August 6, 2008.��The owner or operator shall notify the department that the owner or operator wishes to use the Appendix B revised model and department software and rules in effect as of August 6, 2008, to evaluate the leaking underground storage tank site before submitting the next report, and prior to expiration of the previously established submittal schedule. Once a site has been evaluated using the Appendix B revised model, software and rules in effect as of August 6, 2008, it can no longer be evaluated with the Appendix B-1 old model, software and rules existing just prior to August 6, 2008.��135.18(3)����Risk-based corrective action assessment reports, corrective action plans, and corrective action design reports received by the department but not yet reviewed.��The owner or operator will notify the department within 60 days of August 6, 2008, whether the owner or operator is electing to complete a risk-based corrective action assessment using Appendix B revised model, department software and rules effective as of August 6, 2008, or proceeding with the risk-based corrective action assessment using Appendix B-1 old model and department software and rules existing prior to August 6, 2008. Once a site has been evaluated using the Appendix B revised model, software and rules it can no longer be evaluated with the previous Appendix B-1 old model, software and rules.567135.19(455B)��Analyzing for methyl tertiary-butyl ether (MTBE).����135.19(1)����General.��The objective of analyzing for MTBE is to determine its presence in water samples collected as part of investigation and remediation of contamination for underground storage tank facilities.��135.19(2)����Required MTBE testing.��Water samples must be analyzed for MTBE when collected for risk-based corrective action as required in rules 567�135.8(455B) through 567�135.12(455B). These sampling requirements include but are not limited to Tier 2 and Tier 3 assessments where groundwater ingestion pathway evaluation and subsequent monitoring is required.��135.19(3)����MTBE testing not required.��Analysis for MTBE is not required for the following:��a.��Closure sampling under rule 567�135.15(455B).��b.��Site checks under subrule 135.6(3).��c.��If prior analysis under subrule135.19(2) has not shown MTBE present.��d.��If the department determines MTBE analysis is no longer needed at a site.��135.19(4)����Reporting.��The analytical data must be submitted in a format prescribed by the department.Related ARC(s): 5625C567135.20(455B)��Compliance inspection of UST system.����135.20(1)��The owner or operator must have the UST system inspected and an inspection report submitted to the department by a UST compliance inspector certified by the department under 567�Chapter 134, Part B. An initial compliance site inspection shall be conducted within two years after new tank installation. All subsequent compliance site inspections conducted after the initial compliance site inspection shall be conducted within 24 months of the prior compliance site inspection. Compliance site inspections must be separated by at least six months.��135.20(2)��Compliance inspection requirements. The owner or operator is responsible to ensure the department receives ten days� prior notice by the compliance inspector of the date of a site inspection and the name of the inspector as provided in 567�134.14(455B). The owner and operator must comply with the following as part of the inspection process.��a.��Review and respond to the inspection report provided by the certified compliance inspector and complete the corrective actions specified in the compliance inspection report within the specified time frames.��b.��Provide all records and documentation required by the certified compliance inspector and this chapter.��c.��Upon notification of a suspected release by the certified compliance inspector pursuant to 567�subrule 134.14(1), report the condition to the department and undertake steps to investigate and confirm the suspected release as provided in 567�135.6(455B).��d.��Ensure that the compliance inspector completes and submits an electronic inspection form in accordance with 567�134.14(455B).��135.20(3)��The owner and operator shall do the following upon receipt of a compliance inspection report as provided in 567�subrule 134.14(1) which finds violations of the department�s rules:��a.��Take all actions necessary to correct any compliance violations or deficiencies in accordance with this chapter. Corrective action must be taken within the time frame established by rule or, if no time frames are established by rule, within 60 days of receipt of the inspector�s report or another reasonable time period approved by the department. The granting of time to remedy a violation does not preclude the department from exercising its discretion to assess penalties for the violation.��b.��Within 60 days of receipt of the inspector�s report, provide documentation to the compliance inspector that the violation or deficiencies have been corrected.��c.��Conduct a follow-up inspection in instances where there are serious problems or a history of repeated violations when required by the department.��135.20(4)��Conflict of interest. A compliance site inspection must be conducted by a certified compliance inspector who is not the owner or operator of the UST system being inspected, an employee of the owner or operator of the UST system being inspected, or a person having daily on-site responsibility for the operation and maintenance of the UST system.Related ARC(s): 8124B, 5625C567135.21(455B)��UST systems with field-constructed tanks and airport hydrant fuel distribution systems.����135.21(1)����General requirements.����a.��Implementation of requirements. Owners and operators must comply with the requirements of this rule for UST systems with field-constructed tanks and airport hydrant systems as follows:��(1)��For UST systems installed on or before June 23, 2021, the requirements are effective according to the following schedule:RequirementEffective DateUpgrading UST systems, general operating requirements, and operator trainingOctober 13, 2021Release detectionOctober 13, 2021Release reporting, response, and investigation; closure; financial responsibility and notification (except as provided in paragraph 135.21(1)�b�)June 23, 2021��(2)��For UST systems installed after June 23, 2021, the requirements apply at installation.��b.��All owners of previously deferred UST systems must submit a registration form provided by the department. Owners and operators of UST systems must demonstrate financial responsibility at the time of submission of the registration form.��c.��Except as provided in subrule 135.21(2), owners and operators must comply with the requirements of rules 567�135.1(455B) through 567�135.20(455B) and 567�Chapter 136.��d.��In addition to the codes of practice listed in subrule 135.3(1), owners and operators may use military construction criteria, such as Unified Facilities Criteria (UFC) 3-460-01, Petroleum Fuel Facilities, when designing, constructing, and installing airport hydrant systems and UST systems with field-constructed tanks.��135.21(2)����Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems.����a.����Exception to piping secondary containment requirements.��Owners and operators may use single-walled piping when installing or replacing piping associated with UST systems with field-constructed tanks greater than 50,000 gallons and piping associated with airport hydrant systems. Piping associated with UST systems with field-constructed tanks less than or equal to 50,000 gallons not part of an airport hydrant system must meet the secondary containment requirement when installed or replaced.��b.����Upgrade requirements.��Not later than October 13, 2021, airport hydrant systems and UST systems with field-constructed tanks where installation commenced on or before June 23, 2021, must meet the following requirements or be permanently closed pursuant to rule 567�135.15(455B).��(1)��Corrosion protection. UST system components in contact with the ground that routinely contain regulated substances must meet one of the following:��1.��Except as provided in paragraph 135.21(2)�a,� the new UST system performance standards for tanks in paragraph 135.3(1)�a� and for piping in paragraph 135.3(1)�b�; or��2.��Be constructed of metal and cathodically protected according to a code of practice developed by a nationally recognized association or independent testing laboratory, and meet the requirements of paragraphs 135.3(1)�a�(2)�3� and �4� for tanks, and subparagraphs 135.3(1)�a�(2), (3) and (4) for piping. A tank greater than ten years old without cathodic protection must be assessed to ensure the tank is structurally sound and free of corrosion holes prior to adding cathodic protection. The assessment must be by internal inspection or another method determined by the department to adequately assess the tank for structural soundness and corrosion holes.Note regarding paragraph 135.21(2)�b�: The following codes of practice may be used to comply with this paragraph:NACE International Standard Practice SP 0285, �External Control of Underground Storage Tank Systems by Cathodic Protection�; NACE International Standard Practice SP 0169, �Control of External Corrosion on Underground or Submerged Metallic Piping Systems�; National Leak Prevention Association Standard 631, Chapter C, �Internal Inspection of Steel Tanks for Retrofit of Cathodic Protection�; or American Society for Testing and Materials Standard G158, �Standard Guide for Three Methods of Assessing Buried Steel Tanks.� ��(2)��Spill and overfill prevention equipment. To prevent spilling and overfilling associated with product transfer to the UST system, all UST systems with field-constructed tanks and airport hydrant systems must comply with new UST system spill and overfill prevention equipment requirements specified in paragraph 135.3(1)�c.���c.����Walkthrough inspections.��In addition to the walkthrough inspection requirements in subrule 135.4(13), owners and operators must inspect the following additional areas for airport hydrant systems at least once every 30 days if confined space entry according to the Occupational Safety and Health Administration (see 29 CFR part 1910) is not required or at least annually if confined space entry is required and keep documentation of the inspection according to paragraph 135.4(13)�e.���(1)��Hydrant pits: visually check for any damage; remove any liquid or debris; and check for any leaks, and��(2)��Hydrant piping vaults: check for any hydrant piping leaks.��d.����Release detection.��Owners and operators of UST systems with field-constructed tanks and airport hydrant systems must begin meeting the release detection requirements described in this subrule not later than October 13, 2021.��(1)��Methods of release detection for field-constructed tanks. Owners and operators of field-constructed tanks with a capacity less than or equal to 50,000 gallons must meet the release detection requirements in rule 567�135.5(455B).��(2)��Owners and operators of field-constructed tanks with a capacity greater than 50,000 gallons must meet either the requirements in rule 567�135.5(455B) (except paragraphs 135.5(4)�e� and �f� must be combined with inventory control as stated below) or use one or a combination of the following alternative methods of release detection:��1.��Conduct an annual tank tightness test that can detect a 0.5 gallon per hour leak rate;��2.��Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to 1 gallon per hour. This method must be combined with a tank tightness test that can detect a 0.2 gallon-per-hour leak rate performed at least every three years;��3.��Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to 2 gallons per hour. This method must be combined with a tank tightness test that can detect a 0.2 gallon-per-hour leak rate performed at least every two years; ��4.��Perform vapor monitoring (conducted in accordance with paragraph 135.5(4)�e� for a tracer compound placed in the tank system) capable of detecting a 0.1 gallon-per-hour leak rate at least every two years;��5.��Perform inventory control (conducted in accordance with Department of Defense Directive 4140.25; ATA Airport Fuel Facility Operations and Maintenance Guidance Manual; or equivalent procedures) at least every 30 days that can detect a leak equal to or less than 0.5 percent of flow-through; andPerform a tank tightness test that can detect a 0.5 gallon per hour leak rate at least every two years; or Perform vapor monitoring or groundwater monitoring (conducted in accordance with paragraph 135.5(4)�e� or �f,� respectively, for the stored regulated substance) at least every 30 days; or ��6.��Another method approved by the department if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in subparagraph 135.21(2)�d�(2). In comparing methods, the department shall consider the size of release that the method can detect and the frequency and reliability of detection.��(3)��Methods of release detection for piping. Owners and operators of underground piping associated with field-constructed tanks less than or equal to 50,000 gallons must meet the release detection requirements in rule 567�135.5(455B). Owners and operators of underground piping associated with airport hydrant systems and field-constructed tanks greater than 50,000 gallons must follow either the requirements in rule 567�135.5(455B) (except paragraphs 135.5(4)�e� and �f� must be combined with inventory control as stated below) or use one or a combination of the following alternative methods of release detection:��1.��Perform a semiannual or annual line tightness test at or above the piping operating pressure in accordance with the table below.Maximum Leak Detection Rate Per Test Section VolumeTest Section VolumeSemiannual Test�Annual Test�(Gallons)Leak Detection Rate Not to ExceedLeak Detection Rate Not to Exceed(Gallons Per Hour)(Gallons Per Hour)< 50,0001.00.5? 50,000 to < 75,000 1.50.75? 75,000 to < 100,0002.01.0? 100,0003.01.5Piping segment volumes ? 100,000 gallons not capable of meeting the maximum 3.0 gallon per hour leak rate for the semiannual test may be tested at a leak rate up to 6.0 gallons per hour according to the following schedule:Phase in for Piping Segments ? 100,000 Gallons in VolumeFirst test Not later than October 13, 2021 (may use up to 6.0 gph leak rate)Second testBetween October 13, 2021, and October 13, 2024 (may use up to 6.0 gph leak rate) Third testBetween October 13, 2024, and October 13, 2025 (must use 3.0 gph for leak rate)Subsequent testsAfter October 13, 2025, begin using semiannual or annual line testing according to the Maximum Leak Detection Rate Per Test Section Volume table above��2.��Perform vapor monitoring (conducted in accordance with paragraph 135.5(4)�e� for a tracer compound placed in the tank system) capable of detecting a 0.1 gallon per hour leak rate at least every two years;��3.��Perform inventory control (conducted in accordance with Department of Defense Directive 4140.25, ATA Airport Fuel Facility Operations and Maintenance Guidance Manual; or equivalent procedures) at least every 30 days that can detect a leak equal to or less than 0.5 percent of flow-through, andPerform a line tightness test (conducted in accordance with paragraph 135.21(2)�d�(3)�1� using the leak rates for the semiannual test) at least every two years; or Perform vapor monitoring or groundwater monitoring (conducted in accordance with paragraph 135.5(4)�e� or �f,� respectively, for the stored regulated substance) at least every 30 days; or ��4.��Another method approved by the department if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in paragraphs 135.21(2)�d�(3)�1� to �3.� In comparing methods, the department shall consider the size of release that the method can detect and the frequency and reliability of detection.��(4)��Record keeping for release detection. Owners and operators must maintain release detection records according to the recordkeeping requirements in subrule 135.5(6).��e.����Applicability of closure requirements to previously closed UST systems.��When directed by the department, the owner and operator of a UST system with field-constructed tanks or airport hydrant system permanently closed before June 23, 2021, must assess the excavation zone and close the UST system in accordance with rule 567�135.15(455B) if releases from the UST may, in the judgment of the department, pose a current or potential threat to human health and the environment.Related ARC(s): 5625CAppendix A - Tier 1 Table, Assumptions, Equations and Parameter ValuesIowa Tier 1 Look-Up TableMediaExposure PathwayReceptorGroup 1Group 2: TEHBenzeneTolueneEthylbenzeneXylenesDiesel*Waste OilGroundwater (�g/L)Groundwater IngestionActual51,00070010,0001,200400Potential2907,3003,70073,00075,00040,000Groundwater Vapor to Enclosed SpaceAll1,54020,19046,000NA2,200,000NAGroundwater to Water LinePVC or Gasketed Mains7,5006,25040,00048,00075,00040,000PVC or Gasketed Service Lines3,7503,12020,00024,00075,00040,000PE/PB/AC Mains or Service Lines2003,1203,40019,00075,00040,000Surface WaterAll2901,0003,70073,00075,00040,000Soil (mg/kg)Soil Leaching to GroundwaterAll0.544215NA3,800NASoil Vapor to Enclosed SpaceAll1.164879NA47,500NASoil to Water LineAll2.03.2455210,500NANA: Not applicable. There are no limits for the chemical for the pathway, because for groundwater pathways the concentration for the designated risk would be greater than the solubility of the pure chemical in water, and for soil pathways the concentration for the designated risk would be greater than the soil concentration if pure chemical were present in the soil.TEH: Total Extractable Hydrocarbons. The TEH value is based on risks from naphthalene, benzo(a)pyrene, benz(a)anthracene, and chrysene. Refer to Appendix B for further details.Diesel*: Standards in the Diesel column apply to all low volatile petroleum hydorcarbons except waste oil.Assumptions Used for Iowa Tier 1 Look-Up Table Generation1. Groundwater ingestion pathway. The maximum contaminant levels (MCLs) were used for Group 1 chemicals. The target risk for carcinogens for actual receptors is 10-6 and for potential receptors is 10-4. A hazard quotient of one, and residential exposure and building parameters are assumed.2. Groundwater vapor to enclosed space pathway. Residential exposure and residential building parameters are assumed; no inhalation reference dose is used for benzene; the capillary fringe is assumed to be the source of groundwater vapor; and the hazard quotient is 1 and target risk for carcinogens is 1x10-4.3. Groundwater to water line. This pathway uses the same assumptions as the groundwater ingestion pathway for potential receptors, including a target risk for carcinogens of 10-4.4. Surface water. This pathway uses the same assumptions as the groundwater ingestion pathway for potential receptors, including a target risk for carcinogens of 10-4, except for toluene which has a chronic level for aquatic life of 1,000 as in the definition for surface water criteria in 567�135.2(455B).5. Soil leaching to groundwater. This pathway assumes the groundwater will be protected to the same levels as the groundwater ingestion pathway for potential receptors, using residential exposure and a target risk for carcinogens of 10-4.6. Soil vapor to enclosed space pathway. The target risk for carcinogens is 1x10-4; the hazard quotient is 1; no inhalation reference dose is used for benzene; residential exposure factors are assumed; and the average of the residential and nonresidential building parameters is assumed.7. Soil to water line pathway. This pathway uses the soil leaching to groundwater model with nonresidential exposure and a target risk for carcinogens of 10-4.In addition to these assumptions, the equations and parameter values used to generate the Iowa Tier 1 Look-Up Table are described below.Groundwater Ingestion EquationsCarcinogens:365 daysyearRBSLw[mg]=TR � BW � ATc �L - H2OSFo � IRw � EF � EDNoncarcinogens:365 daysyearRBSLw[mg]=THQ � RfDo � BW �ATn �L - H2OIRw � EF � EDSoil Leaching to Groundwater EquationsSoil Vapor to Enclosed Space EquationsIndoor Air Inhalation EquationsCarcinogens:365 daysyear1000 ?gmgRBSLair[?g]=TR � BW � ATc ��m3 - airSFi � IRair � EF � EDNoncarcinogens:365 kdaysyear1000 ?gmgRBSLair[?g]=THQ � RfDi � BW � ATn ��m3 - airIRair � EF � EDGroundwater Vapor to Enclosed Space EquationsVariable Definitions?groundwater mixing zone thickness (cm)?areal fraction of cracks in foundation/wall (cm2-cracks/cm2-area)?ssoil bulk density (g/cm3)?acrackvolumetric air content in foundation/wall cracks (cm3-air/cm3-soil)?asvolumetric air content in vadose zone (cm3-air/cm3-soil)?Ttotal soil porosity (cm3-voids/cm3-soil)?wcrackvolumetric water content in foundation/wall cracks (cm3-H2O/cm3-soil)?wsvolumetric water content in vadose zone (cm3-H2O/cm3-soil)ATcaveraging time for carcinogens (years)ATnaveraging time for noncarcinogens (years)BWbody weight (kg)Dairchemical diffusion coefficient in air (cm2/s)Dwatchemical diffusion coefficient in water (cm2/s)Deffeffective diffusion coefficient through foundation cracks (cm2/s)crackDeffeffective diffusion coefficient in soil based on vapor-phase concentration (cm2/s)sEDexposure duration (years)EFexposure frequency (days/year)ERenclosed space air exchange rate (s-1)focfraction organic carbon in the soil (kg-C/kg-soil)Hhenry�s law constant (L-H2O)/(L-air)igroundwater head gradient (cm/cm)Iinfiltration rate of water through soil (cm/year)IRairdaily indoor inhalation rate (m3/day)IRwdaily water ingestion rate (L/day)Khydraulic conductivity (cm/year)Koccarbon-water sorption coefficient (L-H2O/kg-C)kssoil-water sorption coefficient (L-H2O/kg-soil), foc x KocLBenclosed space volume/infiltration area ratio (cm)Lcrackenclosed space foundation or wall thickness (cm)LFleaching factor from soil to groundwater ((mg/L-H2O)/(mg/kg-soil))Lgwdepth to groundwater from the enclosed space foundation (cm)Lsdepth to subsurface soil sources from the enclosed space foundation (cm)RBSLairRisk-Based Screening Level for indoor air (?g/m3-air)RBSLgwRisk-Based Screening Level for vapor from groundwater to enclosed space air inhalation (mg/L-H2O)RBSLslRisk-Based Screening Level for soil leaching to groundwater (mg/kg-soil)RBSLsvRisk-Based Screening Level for vapors from soil to enclosed space air inhalation (mg/kg-soil)RBSLwRisk-Based Screening Level for groundwater ingestion (mg/L-H2O)RfDiinhalation chronic reference dose ((mg/(kg-day))RfDooral chronic reference dose ((mg/(kg-day))SFiinhalation cancer slope factor ((kg-day)/mg)SFooral cancer slope factor ((kg-day)/mg)THQtarget hazard quotient for individual constituents (unitless)TRtarget excess individual lifetime cancer risk (unitless)Ugroundwater Darcy velocity (cm/year), U=KiVFgwvolatilization factor for vapors from groundwater to enclosed space ((mg/m3-air)/(mg/L-H2O))VFsvvolatilization factor for vapors from soil to enclosed space ((mg/m3-air)/(mg/kg-soil))Wwidth of soil source area parallel to groundwater flow direction (cm)Soil and Groundwater Parameter Values Used for Iowa Tier 1 Table GenerationParameterIowa Tier 1 Table ValueKhydraulic conductivity16060 cm/yearigroundwater head gradient0.01 cm/cmWwidth of soil source area parallel to groundwater flow direction1500 cmIinfiltration rate of water through soil7 cm/year?groundwater mixing zone thickness200 cm?ssoil bulk density1.86 g/cm3?asvolumetric air content in vadose zone0.2 cm3-air/cm3-soil?wsvolumetric water content in vadose zone0.1 cm3-H2O/cm3-soil?acrackvolumetric air content in foundation/wall cracks0.2 cm3-air/cm3-soil?wcrackvolumetric water content in foundation/wall cracks0.1 cm3-H2O/cm3-soil?Ttotal soil porosity0.3 cm3-voids/cm3-soilfocfraction organic carbon in the soil0.01 kg-C/kg-soilLsdepth to subsurface soil sources from the enclosed space foundation1 cmLgwdepth to groundwater from the enclosed space foundation1 cmExposure Factors Used in Iowa Tier 1 Table GenerationParameterResidentialNonresidentialATc (years)averaging time for carcinogens7070ATn (years)averaging time for noncarcinogens3025BW (kg)body weight7070ED (years)exposure duration3025EF (days/year)exposure frequency350250IRair (m3/day)daily indoor inhalation rate1520IRw (L/day)daily water ingestion rate21THQ (unitless)target hazard quotient for individual constituents1.01.0Building Parameters Used in Iowa Tier 1 Table GenerationParameterResidentialNonresidentialER (s-1)enclosed space air exchange rate0.000140.00023LB (cm)enclosed space volume/infiltration area ratio200300Lcrack (cm)enclosed space foundation or wall thickness1515?areal fraction of cracks in foundation/wall0.010.01Chemical-Specific Parameter Values Used for Iowa Tier 1 Table GenerationChemicalDair (cm2/s)Dwat (cm2/s)H (L-air/L-water)log(Koc), L/kgBenzene0.0931.1e-50.221.58Toluene0.0859.4e-60.262.13Ethylbenzene0.0768.5e-60.321.98Xylenes0.0728.5e-60.292.38Naphthalene0.0729.4e-60.0493.11Benzo(a)pyrene0.0505.8e-65.8e-85.59Benz(a)anthracene0.059.0e-65.74e-76.14Chrysene0.0256.2e-64.9e-75.30Saturation Values Used to Determine �NA� for the Iowa Tier 1 TableChemicalSolubility in Water (mg/L)SSaturation in Soil (mg/kg)CssatBenzene1,750801Toluene535765Ethylbenzene152159Xylenes198492Naphthalene31401Benzo(a)pyrene0.00124.69Benz(a)anthracene0.014193.3Chrysene0.00285.59The maximum solubility of the pure chemical in water is listed in the table above. The equation below is used to calculate the soil concentration (Cssat) at which dissolved pore-water and vapor phases become saturated. Tier 1 default values are used in the equation. �NA� (for not applicable) is used in the Tier 1 table when the risk-based value exceeds maximum solubility for water (S) or maximum saturation for soil (Cssat).Cssat(mg/kg-soil) = S/?s x (H?as + ?ws + ks ?s )Slope Factors and Reference Doses Used for Iowa Tier 1 Table GenerationChemicalSFi ((kg-day)/mg)SFo ((kg-day)/mg)RfDi (mg/(kg-day))RfDo (mg/(kg-day))Benzene0.0290.029--------Toluene--------0.1140.2Ethylbenzene--------0.2860.1Xylenes--------2.02.0Naphthalene--------0.0040.004Benzo(a)pyrene6.17.3--------Benz(a)anthracene0.610.73--------Chrysene0.0610.073--------Appendix B � Tier 2 Equations and Parameter Values (Revised Model)All Tier 1 equations and parameters apply at Tier 2 except as specified below.Equation for Tier 2 Groundwater Contaminant Transport ModelEquation (1)Equation (2)Where xm = ax + bxcThe value of Xm is computed from Equation (2), where the values for a, b and c in Equation (2) are given in Table 1.Table 1. Parameter Values for Equation (2)ChemicalabcBenzene10.0000002279873.929438689Toluene10.0000307013.133842393Ethylbenzene10.00012.8Xylenes10.00.0TEH-Diesel10.0000005653.625804634TEH-Waste Oil10.0000005653.625804634Naphthalene100Variable definitionsx: distance in the x direction downgradient from the sourceerf( ): the error functionC(x): chemical concentration in groundwater at xCs: Source concentration in groundwater (groundwater concentration at x=0)Sw: width of the source (perpendicular to x)Sd: vertical thickness of the sourceu: groundwater velocity (pore water velocity); u=Ki/?eK: hydraulic conductivityi: groundwater head gradient?e: effective porosity?: first order decay coefficient, chemical specific?x, ?y, ?z: dispersivities in the x, y and z directions, respectivelyFor the following lists of parameters, one of three is required: site-specific measurements, defaults or the option of either (which means the default may be used or replaced with a site-specific measurement).Soil parametersParameterDefault ValueRequired?ssoil bulk density1.86 g/cm3optionfocfraction organic carbon in the soil0.01 kg-C/kg-soiloption?Ttotal soil porosity0.3cm3-voids/cm3-soiloption?asvolumetric air content in vadose zone0.2cm3-air/cm3-soildefault?wsvolumetric water content in vadose zone0.1cm3-H2O/cm3-soildefault?acrackvolumetric air content in foundation/wall cracks0.2cm3-air/cm3-soildefaultIinfiltration rate of water through soil7 cm/yeardefaultIf the total porosity is measured, assume 1/3 is air filled and 2/3 is water filled for determining the water and air fraction in the vadose zone soil and floor cracks.Groundwater Transport Modeling ParametersParameterDefault ValueRequiredKhydraulic conductivity16060 cm/yearsite-specificigroundwater head gradient0.01 cm/cmsite-specificSwwidth of the sourceuse procedure specified in 135.10(2)site-specificSdvertical thickness of the source3 mdefault?xdispersivity in the x direction0.1xdefault?ydispersivity in the y direction0.33?xdefault?zdispersivity in the z direction0.05?xdefault?eeffective porosity0.1defaultwhere u=Ki/?eFirst-order Decay CoefficientsChemicalDefault Value? (d-1)RequiredBenzene0.000127441defaultToluene0.0000208066defaultEthylbenzene0.0defaultXylenes0.0005defaultNaphthalene0.00013defaultTEH-Diesel0.0000554955defaultTEH-Waste Oil0.0000554955defaultOther Parameters for Groundwater Vapor to Enclosed SpaceParameterDefault ValueRequiredLgwdepth to groundwater from the enclosed space foundation1 cmoptionLBenclosed space volume/infiltration area ratio200 cmoptionER (s-1)enclosed space air exchange rate0.00014defaultLcrackenclosed space foundation or wall thickness15 cmdefault?areal fraction of cracks in foundation/wall0.01defaultOther Parameters for Soil Vapor to Enclosed SpaceParameterDefault ValueRequiredLsdepth to subsurface soil sources from the enclosed space foundation1 cmoptionLBenclosed space volume/infiltration area ratio250 cm *optionER (s-1)enclosed space air exchange rate0.000185 *defaultLcrackenclosed space foundation or wall thickness15 cmdefault?areal fraction of cracks in foundation/wall0.01default*These values are an average of residential and nonresidential factors.Soil Leaching to GroundwaterParameterDefault ValueRequired?groundwater mixing zone2 mdefaultBuilding Parameters for Iowa Tier 2ParameterResidentialNonresidentialER (s-1)enclosed space air exchange rate0.000140.00023LBenclosed space volume/infiltration area ratio200 cm300 cmOther ParametersFor Tier 2, the following are the same as Tier 1 values (refer to Appendix A): chemical-specific parameters, slope factors and reference doses, and exposure factors (except for those listed below).Exposure Factors for Tier 2 Groundwater Vapor to Enclosed Space Modeling:Potential Residential: use residential exposure and residential building parameters.Potential Nonresidential: use nonresidential exposure and nonresidential building parameters.Diesel and Waste OilDiesel and Waste OilChemical-Specific Values for Tier 1MediaExposure PathwayReceptorNaphthaleneBenzo(a)pyreneBenz(a)anthraceneChryseneGroundwater(ug/L)GroundwaterIngestionactual1500.0120.121.2potential1501.212.0NAGroundwater Vaporto Enclosed Spaceall4,440NANANAGroundwater toWater Lineall1501.212.0NASurface Waterall1501.212.0NASoil(mg/kg)Soil Leaching to Groundwaterall7.6NANANASoil Vapor to Enclosed Spaceall95NANANASoil to Water Lineall21NANANADue to difficulties with analytical methods for the four individual chemicals listed in the above table, Total Extractable Hydrocarbon (TEH) default values were calculated for each chemical, using the assumption that diesel contains 0.2% napthalene, 0.001% benzo(a)pyrene, 0.001% benz(a)anthracene, and 0.001% chrysene. Resulting TEH Default Values are shown in the following table.DieselTEH Default ValuesMediaExposure PathwayReceptorNaphthaleneBenzo(a) pyreneBenz(a)anthraceneChryseneGroundwater(ug/L)GroundwaterIngestionactual75,0001,20012,000120,000potential75,000120,0001,200,000NAGroundwater Vaporto Enclosed Spaceall2,200,000NANANAGroundwater toWater Lineall75,000120,0001,200,000NASurface Waterall75,000120,0001,200,000NASoil(mg/kg)Soil Leachingto Groundwaterall3,800NANANASoil Vaporto Enclosed Spaceall47,500NANANASoil to Water Lineall10,500NANANAThe lowest TEH default value for each pathway (shown as a shaded box) was used in the Tier 1 Table.Due to difficulties with analytical methods for the four individual chemicals, Total Extractable Hydrocarbon (TEH) default values were calculated for each chemical, using the assumption that waste oil contains no naphthalene, 0.003% benzo(a)pyrene, 0.003% benz(a)anthracene, and 0.003% chrysene. Resulting TEH Default Values are shown in the following table.Waste OilTEH Default ValuesMediaExposure PathwayReceptorNaphthaleneBenzo(a) pyreneBenz(a)anthraceneChryseneGroundwater(ug/L)GroundwaterIngestionactualNA4004,00040,000potentialNA40,000400,000NAGroundwater(ug/L)Groundwater Vaporto Enclosed SpaceallNANANANAGroundwater toWater LineallNA40,000400,000NASurface WaterallNA40,000400,000NASoil(mg/kg)Soil Leachingto GroundwaterallNANANANASoil Vaporto Enclosed SpaceallNANANANASoil to Water LineallNANANANAThe lowest TEH default value for each pathway (shown as a shaded box) was used in the Tier 1 Table.Water Line CalculationsExplanation of Target Levels forPetroleum Fuel-Derived BTEX Compounds in Groundwater and SoilGROUNDWATERPVC or Gasketed MainsBenzene: 7,500 �g/LGasoline-saturated groundwater was considered to be an extreme condition of environmental contamination, and it was considered unacceptable to leave water lines, regardless of material, in contact with this level of benzene contamination. While Ong et al.(2008) showed that gasoline-saturated groundwater would not pose a significant risk of permeation exceeding the 5 �g/L MCL for benzene of gasketed DI or PVC water mains, a safety factor of 1/8th was applied to the level of benzene in premium gasoline-saturated water determined by Ong et al.(2008). A 1/2 safety factor was compounded for each of four potential safety risks: material defects in the pipe (= 1/2), presence of service line taps (= 1/4), stagnation of water (= 1/6), and water line breaks (= 1/8). This was an average of 67.5 mg/L � 4.9 mg/L for multiple preparations of gasoline-saturated water and was rounded to 60.0 mg/L to conservatively account for the statistical uncertainty. Hence, 1Target Level = � � 60,000 �g/L = 7,500 �g/L benzene8Toluene: 6,250 �g/LThe target level for toluene was determined similarly to that for benzene. The level of toluene in premium gasoline-saturated water was determined by Ong et al.(2008) to be 56.2 mg/L � 4.9 mg/L and conservatively rounded to 50.0 mg/L. Hence,1Target Level = � � 50,000 �g/L = 6,250 �g/L toluene8Ethylbenzene: 40,000 �g/LThe target level was set to be double that for PVC or Gasketed Service Lines (20,000 �g/L � see below).Total Xylenes: 48,000 �g/LThe target level was set to be double that for PVC or Gasketed Service Lines (24,000 �g/L � see below).PVC or Gasketed Service LinesBenzene: 3,750 �g/LThe target level was set to be one-half of that for PVC or Gasketed Mains (7,500 �g/L as above) since service lines tend to be of higher risk than mains owing to their smaller diameter and greater potential for stagnation.Toluene: 3,120 �g/LSimilar to benzene, the target level was set to be one-half of that for PVC or Gasketed Mains (6,250 �g/L as above) since service lines tend to be of higher risk than mains owing to their smaller diameter and greater potential for stagnation. Odd-even rounding to 3 significant figures was applied.Ethylbenzene: 20,000 �g/LThe target level was based on two observations by Ong et al.(2008): (1) premium gasoline-saturated water has an average concentration of 3.4 mg/L ethylbenzene and (2) ethylene permeates high density polyethylene 46 times slower than does benzene (presumably, this is reasonably representative of other materials such as rubber gaskets). The 1/8 safety factor was also applied, as above. Odd-even rounding to 2 significant figures was applied. Hence:1Target Level =3,400 �g/L � 46x ז = 19,550 �g/L = 20,000 �g/L8Total Xylenes: 24,000 �g/LSimilar to ethylbenzene, the target level was based on (1) premium gasoline-saturated water has an average concentration of 19 mg/L total xylenes and (2) total xylenes permeate high density polyethylene 10 times slower than does benzene. The 1/8 safety factor was also applied, as above. Odd-even rounding to 2 significant figures was applied. Hence:1Target Level =19,000 �g/L � 10x ז = 23,750 �g/L = 24,000 �g/L8PE/PB/ACBenzene: 200 �g/LThe target level was set at the concentration of benzene in groundwater surrounding a 1? HDPE service line (SIDR 9 IPS) that would result in a concentration of 2 �g/L benzene in the service line after a 24 hr stagnation period. This level was chosen because 2 �g/L is generally the minimum reportable concentration of benzene in laboratory reports received by the department. The permeation rate is a function of the concentration of benzene in the groundwater as described by Ong et al.(2008), equation 3.4a:where Pm is the benzene permeation rate in �g/cm2/day through the pipe described above (cm2 refers to the inner surface of the pipe) and Cbulk is the concentration of benzene in the groundwater (mg/L).For any length of exposed 1? SIDR 9 IPS pipe, l (cm), the concentration in the pipe after 24 hr stagnation, C24hr (�g/L), can be computed from Pm and the ratio of the inner surface of the pipe to the internal volume:where r is the inside radius of the pipe (cm), l is the length of exposed pipe (cm), and dividing by 1000 converts from cm3 to liters (and, therefore, 2000/r converts �g/cm2/day to �g/L/day).Solving for Cbulk (mg/L) with C24hr= 2 �g/L and r = 1.28 cm (per manufacturer�s specifications):andWhile the target level is expressed as 200 �g/L for clarity, the underlying data support only two significant figures. In a stricter treatment of the data, this would be expressed as 20 � 101 �g/L.Toluene: 3,120 �g/LThe target level was set to be equal to that for PVC or Gasketed Service Lines. Calculations similar to those used above for benzene (Ong et al.(2008), equation 3.4b) indicate that 3,120 �g/L toluene in groundwater would result in 50 �g/L inside a 1" SIDR 9 IPS HDPE pipe after 24 hours of stagnation, which is 1/20th of the 1,000 �g/L MCL for toluene.Ethylbenzene: 3,400 �g/LThe target level was set to be equal to the concentration of ethylbenzene in premium gasoline-saturated water (see discussion above for PVC or Gasketed Mains/Benzene). Unlike other target levels based on contaminant concentrations in gasoline-saturated water, the 1/8th safety factor was not applied because of the very low permeation rate of ethylbenzene through HDPE, the relatively low solubility of ethylbenzene in water, and the relatively high MCL (700 �g/L). Ong et al.(2008) found that permeation of HDPE by aqueous ethylbenzene was minimal and of no consequence for public health.Total Xylenes: 19,000 �g/LThe target level was set to be equal to the concentration of ethylbenzene in premium gasoline-saturated water following the same reasoning for ethylbenzene (above). The permeation rate and water solubility are also very low, and the MCL is 10,000 �g/L. Ong et al.(2008) found that permeation of HDPE by aqueous xylenes was minimal and of no consequence for public health.SOILTarget levels for soil were set to be the same for mains and service lines of any material discussed above under �Groundwater.� The underlying data support two significant figures for target levels in soil. Odd-even rounding was applied where appropriate.Benzene: 2.0 mg/KgThe target level was derived from the concentration of benzene (mg/Kg) that would result if soil that was 10% moisture and 1% organic matter was equilibrated with premium gasoline-saturated water (60 mg/L benzene � as per discussion of PVC or Gasketed Mains/Benzene above). The equilibrium concentration in soil was calculated using the approach of Chiou et al.(1983). The 1/8th safety factor discussed previously for groundwater was applied. Accordingly:CT = CWKd + CW?where CT is the total concentration of benzene in soil (mg/Kg), ? is the fraction of moisture in the soil (Kg/Kg), and Kd is the partition coefficient from water to soil (L/Kg). Further:Kd = Komfomwhere Kom is the partition coefficient from water to organic matter in the soil, which is 16.8 L/Kg for benzene in soils with naturally occurring organic matter (Chiou et al.(1983)), and fom is the fraction of organic matter in the dry soil (Kg/Kg).For soil containing 1% naturally occurring organic matter and 10% moisture, the total concentration of benzene upon exposure to premium gasoline-saturated groundwater (60 mg/L benzene, as per above discussion of PVC or Gasketed Mains) would be:Applying the 1/8th safety factor:Toluene: 3.2 mg/KgThe target level was derived in the same manner as for benzene except that the concentration of toluene in premium gasoline-saturated water is 50 mg/L and Kom is 42 L/Kg. Accordingly:andEthylbenzene: 45 mg/KgThe target level was based on the target level set for Groundwater/PVC or Gasketed Mains (40,000 �g/L, rounded from 39,100 �g/L, or 39.1 mg/L) and the principles of Chiou et al.(1983) discussed above. In a manner similar to that for benzene in soil, CW was 3.4 mg/L, Kd was 0.106 L/Kg, and CT was calculated to be 3.9 mg/Kg. The target level for soil that is equivalent to the target level set for groundwater was calculated as follows:Total Xylenes: 52 mg/Kg The target level was set in the same manner as for ethylbenzene (above), based on the groundwater target level of 48,000 �g/L (rounded from 47.5 mg/L). CW was 19 mg/L, Kd was 1.001 L/Kg (assuming a mixture of m-, o-, and p-xylenes which is 60%, 20%, and 20%, respectively, which is typical of xylenes derived from petroleum), and CT was calculated to be 21 mg/Kg. Hence:Note: The 1/8th safety factor was applied above to the target levels for ethylbenzene and total xylenes for Groundwater, PVC or Gasketed Service Lines, thence the target levels for Groundwater, PVC or Gasketed Mains, were derived. Consequently, the 1/8th safety factor has also been applied to the target levels for both ethylbenzene and total xylenes in soil.REFERENCESChiou, C. T., P. E. Porter and D. W. Schmedding. 1983. Partition equilibria of nonionic organic compounds between soil organic matter and water. Environ. Sci. Technol., 17(4)227-231.Ong, S. K., J. A. Gaunt, F. Mao, C. L. Cheng, L. Esteve-Agelet, and C. R. Hurburgh. 2008. Impact of hydrocarbons on PE/PVC pipes and pipe gaskets, Publication 91204. Awwa Research Foundation (presently Water Research Foundation), Denver, CO.Appendix B-1 � Tier 2 Equations and Parameter Values (Old Model)All Tier 1 equations and parameters apply at Tier 2 except as specified below.Equation for Tier 2 Groundwater Contaminant Transport ModelVariable definitionsx: distance in the x direction downgradient from the sourceerf( ): the error functionC(x): chemical concentration in groundwater at xCs: Source concentration in groundwater (groundwater concentration at x=0)Sw: width of the source (perpendicular to x)Sd: vertical thickness of the sourceu: groundwater velocity (pore water velocity); u=Ki/?eK: hydraulic conductivityi: groundwater head gradient?e: effective porosity?: first-order decay coefficient, chemical specific?x, ?y, ?z: dispersivities in the x, y and z directions, respectivelyFor the following lists of parameters, one of three is required: site-specific measurements, defaults or the option of either (which means the default may be used or replaced with a site-specific measurement).Soil parametersParameterDefault ValueRequired?ssoil bulk density1.86 g/cm3optionfocfraction organic carbon in the soil0.01 kg-C/kg-soiloption?Ttotal soil porosity0.3cm3-voids/cm3-soiloption?asvolumetric air content in vadose zone0.2cm3-air/cm3-soildefault?wsvolumetric water content in vadose zone0.1cm3-H2O/cm3-soildefault?acrackvolumetric air content in foundation/wall cracks0.2cm3-air/cm3-soildefault?wcrackvolumetric water content in foundation/wall cracks0.1cm3-H2O/cm3-soildefaultIinfiltration rate of water through soil7 cm/yeardefaultIf the total porosity is measured, assume 1/3 is air filled and 2/3 is water filled for determining the water and air fraction in the vadose zone soil and floor cracks.Groundwater Transport Modeling ParametersParameterDefault ValueRequiredKhydraulic conductivity16060 cm/yearsite-specificigroundwater head gradient0.01 cm/cmsite-specificSwwidth of the sourceuse procedure specified in 135.10(2)site-specificSdvertical thickness of the source3 mdefault?xdispersivity in the x direction0.1xdefault?ydispersivity in the y direction0.33?xdefault?zdispersivity in the z direction0.05?xdefault?eeffective porosity0.1defaultwhere u=Ki/?eFirst-order Decay CoefficientsChemicalDefault Value? (d-1)RequiredBenzene0.0005defaultToluene0.0007defaultEthylbenzene0.00013defaultXylenes0.0005defaultNaphthalene0.00013defaultBenzo(a)pyrene0defaultBenz(a)anthracene0defaultChrysene0defaultOther Parameters for Groundwater Vapor to Enclosed SpaceParameterDefault ValueRequiredLgwdepth to groundwater from the enclosed space foundation1 cmoptionLBenclosed space volume/infiltration area ratio200 cmoptionER (s-1)enclosed space air exchange rate0.00014defaultLcrackenclosed space foundation or wall thickness15 cmdefault?areal fraction of cracks in foundation/wall0.01defaultOther Parameters for Soil Vapor to Enclosed SpaceParameterDefault ValueRequiredLsdepth to subsurface soil sources from the enclosed space foundation1 cmoptionLBenclosed space volume/infiltration area ratio250 cm *optionER (s-1)enclosed space air exchange rate0.000185 *defaultLcrackenclosed space foundation or wall thickness15 cmdefault?areal fraction of cracks in foundation/wall0.01default*These values are an average of residential and nonresidential factors.Soil Leaching to GroundwaterParameterDefault ValueRequired?groundwater mixing zone2 mdefaultBuilding Parameters for Iowa Tier 2ParameterResidentialNonresidentialER (s-1)enclosed space air exchange rate0.000140.00023LBenclosed space volume/infiltration area ratio200 cm300 cmOther ParametersFor Tier 2, the following are the same as Tier 1 values (refer to Appendix A): chemical-specific parameters, slope factors and reference doses, and exposure factors (except for those listed below).Exposure Factors for Tier 2 Groundwater Vapor to Enclosed Space Modeling:Potential Residential: use residential exposure and residential building parameters.Potential Nonresidential: use nonresidential exposure and nonresidential building parameters.Diesel and Waste OilDiesel and Waste OilChemical-Specific Values for Tier 1MediaExposure PathwayReceptorNaphthaleneBenzo(a)pyreneBenz(a)anthraceneChryseneGroundwater(ug/L)GroundwaterIngestionactual1500.0120.121.2potential1501.212.0NAGroundwater Vaporto Enclosed Spaceall4,440NANANAGroundwater toPlastic Water Lineall1501.212.0NASurface Waterall1501.212.0NASoil(mg/kg)Soil Leachingto Groundwaterall7.6NANANASoil Vaporto Enclosed Spaceall95NANANASoil to PlasticWater Lineall21NANANADue to difficulties with analytical methods for the four individual chemicals listed in the above table, Total Extractable Hydrocarbon (TEH) default values were calculated for each chemical, using the assumption that diesel contains 0.2% napthalene, 0.001% benzo(a)pyrene, 0.001% benz(a)anthracene, and 0.001% chrysene. Resulting TEH Default Values are shown in the following table.DieselTEH Default ValuesMediaExposure PathwayReceptorNaphthaleneBenzo(a) pyreneBenz(a)anthraceneChryseneGroundwater(ug/L)GroundwaterIngestionactual75,0001,20012,000120,000potential75,000120,0001,200,000NAGroundwater Vaporto Enclosed Spaceall2,200,000NANANAGroundwater toPlastic Water Lineall75,000120,0001,200,000NASurface Waterall75,000120,0001,200,000NASoil(mg/kg)Soil Leachingto Groundwaterall3,800NANANASoil Vaporto Enclosed Spaceall47,500NANANASoil to PlasticWater Lineall10,500NANANAThe lowest TEH default value for each pathway (shown as a shaded box) was used in the Tier 1 Table.Due to difficulties with analytical methods for the four individual chemicals, Total Extractable Hydrocarbon (TEH) default values were calculated for each chemical, using the assumption that waste oil contains no naphthalene, 0.003% benzo(a)pyrene, 0.003% benz(a)anthracene, and 0.003% chrysene. Resulting TEH Default Values are shown in the following table.Waste OilTEH Default ValuesMediaExposure PathwayReceptorNaphthaleneBenzo(a)pyreneBenz(a)anthraceneChryseneGroundwater(ug/L)Groundwater IngestionactualNA4004,00040,000potentialNA40,000400,000NAGroundwater(ug/L)Groundwater Vapor to Enclosed SpaceallNANANANAGroundwater to PlasticWater LineallNA40,000400,000NASurface WaterallNA40,000400,000NASoil(mg/kg)Soil Leaching to GroundwaterallNANANANASoil Vapor to Enclosed SpaceallNANANANASoil to Plastic Water LineallNANANANAThe lowest TEH default value for each pathway (shown as a shaded box) was used in the Tier 1 Table.APPENDIX CDECLARATION OF RESTRICTIVE COVENANTSRescinded IAB 7/19/06, effective 8/23/06APPENDIX DIOWA DEPARTMENT OF NATURAL RESOURCESNO FURTHER ACTION CERTIFICATEThis document certifies that the referenced underground storage tank site has been classified by the Iowa Department of Natural Resources (IDNR) as �no action required� as provided in the 1995 Iowa Code Supplement 455B.474(1)�h�(1). This certificate may be recorded as provided by law.ISSUED TO: OWNERS/OPERATORS OF TANKSDATE OF ISSUANCE:IDNR FILE REFERENCES: LUST # REGISTRATION #LEGAL DESCRIPTION OF UNDERGROUND STORAGE TANK SITE:Issuance of this certificate does not preclude the IDNR from requiring further corrective action due to new releases and is based on the information available to date. The department is precluded from requiring additional corrective action solely because governmental action standards are changed. See 1995 Iowa Code Supplement 455B.474(1)�h�(1).This certificate does not constitute a warranty or a representation of any kind to any person as to the environmental condition, marketability or value of the above referenced property other than that certification required by 1995 Iowa Code Supplement 455B.474(1)�h�.These rules are intended to implement Iowa Code sections 455B.304, 455B.424 and 455B.474.Related ARC(s): 7621B, 8124B, 8469B, 9011B, 9331B, 0559C, 1100C, 5625C, 7058C
"Aboveground release" means any release to the surface of the land or to surface water. This includes, but is not limited to, releases from the aboveground portion of a UST system and aboveground releases associated with overfills and transfer operations as the regulated substance moves to or from a UST system.
"Active remediation" means corrective action undertaken to reduce contaminant concentrations by other than passive remediation or monitoring.
"Airport hydrant fuel distribution system" "airport hydrant system" means a UST system which fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier.
"Ancillary equipment" means any devices including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances to and from a UST.
"Appurtenances" means devices such as piping, fittings, flanges, valves, dispensers and pumps used to distribute, meter, or control the flow of regulated substances to or from an underground storage tank.
"Asbestos-cement pipe" (AC refers to asbestos-cement) means a pipe or conduit constructed of asbestos fiber and Portland cement, which can be used to transport water.
"ASTM" means the American Society of Testing and Materials.
"Backflow preventer" means a check valve used to ensure water flows in one direction and designed to prevent contamination from an end user, such as a home, from getting into the general water supply. An approved backflow preventer shall be a reduced-pressure backflow preventer or an antisiphon device which complies with the standards of the American Water Works Association and has been approved by the Foundation for Cross-Connection Control and Hydraulic Research.
"Bedrock" means the rock, usually solid, underlying soil or any other unconsolidated surficial cover.
"Below-ground release" means any release to the subsurface of the land and to groundwater. This includes, but is not limited to, releases from the below-ground portions of an underground storage tank system and below-ground releases associated with overfills and transfer operations as the regulated substance moves to or from an underground storage tank.
"Beneath the surface of the ground" means beneath the ground surface or otherwise covered with earthen materials.
"Best available technology" means those practices which most appropriately remove, treat, or isolate contaminants from groundwater, soil or associated environment, as determined through professional judgment considering actual equipment or techniques currently in use, published technical articles, site hydrogeology and research results, engineering and groundwater professional reference materials, consultation with experts in the field, capital and operating costs, and guidelines or rules of other regulatory agencies.
"Best management practices" means maintenance procedures, schedule of activities, prohibition of practices, and other management practices, or a combination thereof, which, after problem assessment, is determined to be the most effective means of monitoring and preventing additional contamination of the groundwater and soil.
"Biodiesel" means a renewable fuel comprised of mono-alkyl esters of long-chain fatty acids derived from vegetable oils or animal fats, that is blended with petroleum-based diesel fuel, which meets the standards provided in Iowa Code section 214A.2.
"Carcinogenic risk" means the incremental risk of a person developing cancer over a lifetime as a result of exposure to a chemical, expressed as a probability such as one in a million (10-6). For carcinogenic chemicals of concern, probability is derived from application of certain designated exposure assumptions and a slope factor.
"Cast iron pipe" means a pipe or conduit used as a pressure pipe for transmission of water, gas, or sewage or as a water drainage pipe. It comprises predominantly a gray cast iron tube historically used uncoated, with newer types having various coatings and linings to reduce corrosion and improve hydraulics.
"Cathodic protection" is a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. For example, a tank system can be cathodically protected through the application of either galvanic anodes or impressed current.
"Cathodic protection tester" means a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems. At a minimum, such persons must have education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems.
"CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended.
"Certified groundwater professional" means a person certified pursuant to Iowa Code section 455B.474 and 567�Chapter 134, Part A.
"Change-in-service" means changing the use of a tank system from a regulated to a nonregulated use.
"Chemicals of concern" means the compounds derived from petroleum-regulated substances which are subject to evaluation for purposes of applying risk-based corrective action decision making. These compounds are benzene, ethylbenzene, toluene, and xylenes (BTEX) and naphthalene, benzo(a)pyrene, benz(a)anthracene, and chrysene. (Note: Concentration values for these last four constituents are determined by a conversion method from total extractable hydrocarbons, see subrule 135.8(3).)
"Class A operator" means the individual who has primary responsibility to operate and maintain the UST system in accordance with applicable requirements. The Class A operator typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements under this chapter.
"Class B operator" means the individual who has day-to-day responsibility for implementing applicable regulatory requirements established by the department. The Class B operator typically implements in-field aspects of operation, maintenance, and associated record keeping for the UST systems.
"Class C operator" means the individual responsible for initially addressing emergencies presented by a spill or release from a UST system. The Class C operator typically controls or monitors the dispensing or sale of regulated substances.
"Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the UST.
"Conduit" means underground structures which act as pathways and receptors for chemicals of concern, including but not limited to gravity drain lines and sanitary or storm sewers.
"Connected piping" means all underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank system through which regulated substances flow. For the purpose of determining how much piping is connected to any individual UST system, the piping that joins two UST systems should be allocated equally between them.
"Consumptive use" with respect to heating oil means consumed on the premises.
"Containment sump" means a liquid-tight container that protects the environment by containing leaks and spills of regulated substances from piping, dispensers, pumps and related components in the containment area. Containment sumps may be single-walled or secondarily contained and located at the top of the tank (tank top or submersible turbine pump sump), underneath the dispenser (under-dispenser containment sump), or at other points in the piping run (transition or intermediate sump).
"Corrective action" means an action taken to reduce, minimize, eliminate, clean up, control or monitor a release to protect the public health and safety or the environment. Corrective action includes, but is not limited to, excavation of an underground storage tank for the purpose of repairing a leak or removal of a tank, removal of contaminated soil, disposal or processing of contaminated soil, cleansing of groundwaters or surface waters, natural biodegradation, institutional controls, technological controls and site management practices. Corrective action does not include replacement of an underground storage tank. Corrective action specifically excludes third-party liability.
"Corrective action meeting process" means a series of meetings organized by department staff with owners or operators and other interested parties such as certified groundwater professionals, funding source representatives, and affected property owners. The purpose of the meeting process is to develop and agree on a corrective action plan and the terms for implementation of the plan.
"Corrective action plan" means a plan which specifies the corrective action to be undertaken by the owner or operator in order to comply with requirements in this chapter and which is incorporated into a memorandum of agreement or other written agreement between the department and the owner or operator. The plan may include but is not limited to provisions for additional site assessment, site monitoring, Tier 2 revisions, Tier 3 assessment, excavation, and other soil and groundwater remedial action.
"Corrosion expert" means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be accredited or certified as being qualified by the National Association of Corrosion Engineers or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.
"Department" means Iowa department of natural resources.
"Dielectric material" means a material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate UST systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the UST systems (e.g., tank from piping).
"Dispenser" means equipment located above ground that dispenses regulated substances from the UST system.
"Dispenser system" means the dispenser and the equipment necessary to connect the dispenser to the underground storage tank system.
"Drinking water well" means any groundwater well used as a source for drinking water by humans and groundwater wells used primarily for the final production of food or medicine for human consumption.
"Ductile iron pipe" means a pipe or conduit commonly used for potable water distribution and for the pumping of sewage. The predominant wall material is ductile iron, a spheroidized graphite cast iron, and commonly has an internal cement mortar lining to inhibit corrosion from the carried water and various types of external coatings to inhibit corrosion from the environment.
"Electrical equipment" means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.
"Enclosed space" means space which can act as a receptor or pathway capable of creating a risk of explosion or inhalation hazard to humans and includes �explosive receptors� and �confined spaces.� Explosive receptors means those receptors designated in these rules which are evaluated for explosive risk. Confined spaces means those receptors designated in these rules for evaluation of vapor inhalation risks.
"Ethanol" means ethyl alcohol that is to be blended with gasoline if it meets the standards provided in Iowa Code section 214A.2.
"Excavation zone" means the volume containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation.
"Existing tank system" means a tank system used to contain an accumulation of regulated substances or for which installation has commenced on or before January 14, 1987. Installation is considered to have commenced if:The owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system; and if,
- Either a continuous on-site physical construction or installation program has begun; or,
- The owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction at the site or installation of the tank system to be completed within a reasonable time.
"Farm tank" is a tank located on a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements. A farm tank must be located on the farm property. �Farm� includes fish hatcheries, rangeland and nurseries with growing operations.
"Field-constructed tank" means a tank constructed in the field. For example, a tank constructed of concrete that is poured in the field or a steel or fiberglass tank primarily fabricated in the field is considered field-constructed.
"Flow-through process tank" is a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-through process tanks do not include tanks used for the storage of materials prior to their introduction into the production process or for the storage of finished products or by-products from the production process.
"Free product" refers to a regulated substance that is present as a light nonaqueous phase liquid (e.g., liquid not dissolved in water).
"Gasket" means any type of pipe seals made of a variety of rubbers including but not necessarily limited to styrene-butadiene rubber (SBR), nitrile-butadiene rubber (NBR or nitrile), ethylene propylene diene monomer (EPDM), neoprene (CR), and fluoroelastomer rubber (FKM), which are used to seal pipe connections.
"Gathering lines" means any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.
"Groundwater ingestion pathway" means a pathway through groundwater by which chemicals of concern may result in exposure to a human receptor as specified in rules applicable to Tier 1, Tier 2 and Tier 3.
"Groundwater plume" means the extent of groundwater impacted by the release of chemicals of concern.
"Groundwater to water line pathway" means a pathway through groundwater which leads to a water line.
"Groundwater vapor to enclosed space pathway" means a pathway through groundwater by which vapors from chemicals of concern may lead to a receptor creating an inhalation or explosive risk hazard.
"Hazardous substance UST system" means an underground storage tank system that contains a hazardous substance defined in Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (but not including any substance regulated as a hazardous waste under subtitle C) or any mixture of such substances and petroleum, and which is not a petroleum UST system.
"Hazard quotient" means the ratio of the level of exposure of a chemical of concern over a specified time period to a reference dose for that chemical of concern derived for a similar exposure period. Unless otherwise specified, the hazard quotient designated in these rules is one.
"Heating oil" means petroleum that is No.1, No.2, No.4-light, No.4-heavy, No.5-light, No.5-heavy, and No.6 technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils. Heating oil is typically used in the operation of heating equipment, boilers, or furnaces.
"Highly permeable soils" means for the purpose of UST closures: fractured bedrock, any soils with a hydraulic conductivity rate greater than 0.3 meters per day, or any soil material classified by the Unified Soil Classification System as published by the United States Department of the Interior or ASTM designation as (1) GW - well graded gravel, gravel-sand mixtures, little or no fines, (2) GP - poorly graded gravel, gravel-sand mixtures, little or no fines, (3) SW - well graded sands, gravelly sands, little or no fines, or (4) SP - poorly graded sands, gravelly sands, little or no fines.
"Hydraulic conductivity" means the rate of water movement through the soil measured in meters per day (m/d) as determined by the following methods. For a saturated soil, the Bouwer-Rice method or its equivalent shall be used. For unsaturated soil, use a Guelph permeameter or an equivalent in situ constant-head permeameter in a boring finished above the water table. If an in situ method cannot be used for unsaturated soil because of depth, or if the soil is homogeneous and lacks flow-conducting channels, fractures, cavities, etc., laboratory measurement of hydraulic conductivity is acceptable.If laboratory methods are used, collect undisturbed soil samples using a thin-walled tube sampler in accordance with American Society of Testing and Materials (ASTM) Standard D1587. Samples shall be clearly marked, preserved and transported to the laboratory. The laboratory shall measure hydraulic conductivity using a constant-head permeameter in accordance with ASTM Standard D2434 or a falling-head permeameter in accordance with accepted methodology.
"Hydraulic lift tank" means a tank holding hydraulic fluid for a closed-loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.
"Institutional controls" means the restriction on use or access (for example, fences, deed restrictions, restrictive zoning) to a site or facility to eliminate or minimize potential exposure to a chemical(s) of concern. Institutional controls include any of the following:
- A law of the United States or the state;
- A regulation issued pursuant to federal or state laws;
- An ordinance or regulation of a political subdivision in which real estate subject to the institutional control is located;
- A restriction on the use of or activities occurring at real estate which are embodied in a covenant running with the land which:
- Contains a legal description of the real estate in a manner which satisfies Iowa Code section 558.1 et seq.;
- Is properly executed, in a manner which satisfies Iowa Code section 558.1 et seq.;
- Is recorded in the appropriate office of the county in which the real estate is located;
- Adequately and accurately describes the institutional control; and
- Is in the form of a covenant as set out in Appendix C or in such a manner reasonably acceptable to the department.
- Any other institutional control the owner or operator can reasonably demonstrate to the department which will reduce the risk from a release throughout the period necessary to ensure that no applicable target risk is likely to be exceeded.
"Light, nonaqueous-phase liquid" "LNAPL" refers to an organic compound that is immiscible with, and lighter than water (e.g., crude oil, gasoline, diesel fuel, heating oil).
"Liquid trap" means sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations (including gas production plants), for the purpose of collecting oil, water, and other liquids. These liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.
"Maintenance" means the normal operational upkeep to prevent an underground storage tank system from releasing product.
"MCLs" means the drinking water primary maximum contaminant levels set out in 567�41.3(455B).
"Memorandum of agreement" means a written agreement between the department and the owner or operator which specifies the corrective action that will be undertaken by the owner or operator in order to comply with requirements in this chapter and the terms for implementation of the plan. The plan may include but is not limited to provisions for additional site assessment, site monitoring, Tier 2 revisions, Tier 3 assessment, excavation, and other soil and groundwater remedial action.
"Motor fuel" means a complex blend of hydrocarbons typically used in the operation of a motor engine, such as motor gasoline, aviation gasoline, No.1 or No.2 diesel fuel, or any blend containing one or more of these substances (for example, motor gasoline blended with alcohol).
"New tank system" means a tank system that will be used to contain an accumulation of regulated substances and for which installation has commenced after January 14, 1987. (See also �Existing Tank System.�)
"Noncarcinogenic risk" means the potential for adverse systemic or toxic effects caused by exposure to noncarcinogenic chemicals of concern, expressed as the hazard quotient.
"Noncommercial purposes" with respect to motor fuel means not for resale.
"Non-drinking water well" means any groundwater well (except an extraction well used as part of a remediation system) not defined as a drinking water well including a groundwater well which is not properly plugged in accordance with department rules in 567�Chapters 39 and 49.
"Nonresidential area" means land which is not currently used as a residential area and which is zoned for nonresidential uses.
"On the premises where stored" with respect to heating oil means UST systems located on the same property where the stored heating oil is used.
"Operational life" refers to the period beginning when installation of the tank system has commenced until the time the tank system is properly closed under rule 567�135.15(455B).
"Operator" means any person in control of, or having responsibility for, the daily operation of the UST system.
"Overexcavation" refers to the excavation of subsurface materials outside the excavation zone for the purpose of removing contaminated substances.
"Overfill release" is a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment.
"Owner" means:
- In the case of a UST system in use on July 1, 1985, or brought into use after that date, any person who owns a UST system used for storage, use, or dispensing of regulated substances; and
- In the case of any UST system in use before July 1, 1985, but no longer in use on that date, any person who owned such UST immediately before the discontinuation of its use.
"Pathway" means a transport mechanism by which chemicals of concern may reach a receptor(s) or the location(s) of a potential receptor.
"Permanent closure" means removing all regulated substances from the tank system, assessing the site for contamination, and permanently removing tank and piping from the ground or filling the tank in place with a solid inert material and plugging all piping. Permanent closure also includes partial closure of a tank system such as removal or replacement of tanks or piping only.
"Person" means an individual, trust, firm, joint stock company, federal agency, corporation, state, municipality, commission, political subdivision of a state, or any interstate body. �Person� also includes a consortium, a joint venture, a commercial entity, and the United States government.
"Person who conveys or deposits a regulated substance" means a person who sells or supplies the owner or operator with the regulated substance and the person who transports or actually deposits the regulated substance in the underground tank.
"Petroleum UST system" means an underground storage tank system that contains petroleum or a mixture of petroleum with de minimis quantities of other regulated substances. Such systems include those containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.
"Pipe" "piping" means a hollow cylinder or tubular conduit that is constructed of nonearthen materials and that routinely contains and conveys regulated substances.
"Pipeline facilities (including gathering lines)" are new and existing pipe rights-of-way and any associated equipment, facilities, or buildings.
"Point of compliance" means the location(s) at the source(s) of contamination or at the location(s) between the source(s) and the point(s) of exposure where concentrations of chemicals of concern must meet applicable risk-based screening levels at Tier 1 or other target level(s) at Tier 2 or Tier 3.
"Point of exposure" means the location(s) at which an actual or potential receptor may be exposed to chemicals of concern via a pathway.
"Polybutylene pipe" (PB refers to polybutylene) means a water supply pipe comprised of a form of plastic resin that was used extensively from 1978 until 1995. The piping systems were used for underground water mains and as interior water distribution piping. Polybutylene mains are usually blue in color, but may be gray, black, or white. The pipe is usually � inch or 1 inch in diameter, and it may be found entering a residence through the basement wall or floor, concrete slab or through the crawlspace; frequently it enters the residence near the water heater.
"Polyethylene pipe" (PE refers to polyethylene) means a water supply pipe comprised of thermoplastic material produced from the polymerization of ethylene. PE pipe is manufactured by extrusion in sizes ranging from � inch to 63 inches. PE pipe is available in rolled coils of various lengths or in straight lengths of up to 40 feet. PE pipe is available in many forms and colors, including single-extrusion colored or black pipe, black pipe with co-extruded color striping, and black or natural pipe with a co-extruded colored layer. PE pipe has been demonstrated to be very permeable to petroleum while still retaining its flexible structure.
"Polyvinyl chloride pipe" (PVC refers to polyvinyl chloride) means a pipe made from a plastic and vinyl combination material. The pipes are durable, hard to damage, and long-lasting. A PVC pipe is very resistant and does not rust, nor is it likely to rot or wear over time. PVC piping is most commonly used in water systems, underground wiring, and sewer lines.
"Portland cement" means hydraulic cement (cement that not only hardens by reacting with water but also forms a water-resistant product) and is produced by pulverizing clinkers consisting essentially of hydraulic calcium silicates, usually containing one or more forms of calcium sulfate as an inter ground addition.
"Potential receptor" means a receptor not in existence at the time a Tier 1, Tier 2 or Tier 3 site assessment is prepared, but which could reasonably be expected to exist within 20 years of the preparation of the Tier 1, Tier 2 or Tier 3 site assessment or as otherwise specified in these rules.
"Preferential pathway" means conditions which act as a pathway permitting contamination to migrate through soils and to groundwater at a faster rate than would be expected through naturally occurring undisturbed soils or unfractured bedrock including but not limited to wells, cisterns, tile lines, drainage systems, utility lines and envelopes, and conduits.
"Protected groundwater source" means a saturated bed, formation, or group of formations which has a hydraulic conductivity of at least 0.44 meters per day (m/d) and a total dissolved solids of less than 2,500 milligrams per liter (mg/l) or a bedrock aquifer with total dissolved solids of less than 2,500 milligrams per liter (mg/l) if bedrock is encountered before groundwater.
"Public water supply well" means a well connected to a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
"Receptor" means enclosed spaces, conduits, protected groundwater sources, drinking and non-drinking water wells, surface water bodies, and public water systems which when impacted by chemicals of concern may result in exposure to humans and aquatic life, explosive conditions or other adverse effects on health, safety and the environment as specified in these rules.
"Reference dose" means a designated toxicity value established in these rules for evaluating potential noncarcinogenic effects in humans resulting from exposure to a chemical(s) of concern. Reference doses are designated in Appendix A.
"Regulated substance" means an element, compound, mixture, solution or substance which, when released into the environment, may present substantial danger to the public health or welfare or the environment. Regulated substance includes:
- Substances designated in Table 302.4 of 40 CFR Part 302 (September 13, 1988),
- Substances which exhibit the characteristics identified in 40 CFR 261.20 through 261.24 (May 10, 1984) and which are not excluded from regulation as a hazardous waste under 40 CFR 261.4(b) (May 10, 1984),
- Any substance defined in Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (but not including any substance regulated as a hazardous waste under subtitle C), and
- Petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). The term �regulated substance� includes but is not limited to petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.
"Release" means any spilling, leaking, emitting, discharging, escaping, leaching or disposing of a regulated substance, including petroleum, from a UST into groundwater, surface water or subsurface soils.
"Release detection" means determining whether a release of a regulated substance has occurred from the UST system into the environment or a leak has occurred into the interstitial space between the UST system and its secondary barrier or secondary containment around it.
"Repair" means to restore to proper operating condition a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment or other UST system component that has caused a release of product from the UST system or has failed to function properly.
"Replace" "replacement" means the installation of a new underground tank system or component, including dispensers, in substantially the same location as an existing tank system or component.
"Replaced" means:
- For a tank: to remove a tank and install another tank.
- For piping: to remove 50 percent or more of piping and install other piping, excluding connectors, connected to a single tank. For tanks with multiple piping runs, this definition applies independently to each piping run.
"Residential area" means land used as a permanent residence or domicile, such as a house, apartment, nursing home, school, child care facility or prison, land zoned for such uses, or land where no zoning is in place.
"Residential tank" is a tank located on property used primarily for dwelling purposes.
"Risk-based screening level (RBSL)" means the risk-based concentration level for chemicals of concern developed for a Tier 1 analysis to be met at the point(s) of compliance and incorporated in the Tier 1 Look-up Table in Appendix A.
"SARA" means the federal Superfund Amendments and Reauthorization Act of 1986.
"Secondary containment" or �secondarily contained� means a release prevention and release detection system for a tank or piping. This system has an inner and outer barrier with an interstitial space monitored for leaks. This term includes containment sumps when used for interstitial monitoring of piping.
"Secondary containment tank" "secondary containment piping" means a tank or piping which is designed with an inner primary shell and a liquid-tight outer secondary shell or jacket which extends around the entire inner shell, and which is designed to contain any leak through the primary shell from any part of the tank or piping that routinely contains product, and which also allows for monitoring of the interstitial space between the shells and the detection of any leak.
"Septic tank" is a watertight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from such receptacle is distributed for disposal through the soil and settled solids and scum from the tank are pumped out periodically and hauled to a treatment facility.
"Service line" means a pipe connected to a business or residence from a water main, typically of a size not exceeding 6 inches in diameter, and including its gaskets and other appurtenances. For purposes of this chapter, service lines refer to pipes specifically used for drinking water transmission.
"Site assessment investigation" means an investigation conducted by a certified groundwater professional to determine relevant site historical data, the types, amounts, and sources of petroleum contaminants present, hydrogeological characteristics of the site, full vertical and horizontal extent of the contamination in soils and groundwater, direction and rate of flow of the contamination, ranges of concentration of the contaminants by analysis of soils and groundwater, the vertical and horizontal extent of the contamination exceeding department standards, and the actual or potential threat to public health and safety and the environment.
"Site cleanup report" means the report required to be submitted by these rules and in accordance with department guidance which may include the results of Tier 2 or Tier 3 assessment and analysis.
"Site-specific target level (SSTL)" means the risk-based target level(s) for chemicals of concern developed as the result of a Tier 2 or Tier 3 assessment which must be achieved at applicable point(s) of compliance at the source to meet the target level(s) at the point(s) of exposure.
"Soil leaching to groundwater pathway" means a pathway through soil by which chemicals of concern may leach to groundwater and through a groundwater transport pathway impact an actual or potential receptor.
"Soil plume" means the vertical and horizontal extent of soil impacted by the release of chemicals of concern.
"Soil to water line pathway" means a pathway which leads from soil to a water line.
"Soil vapor to enclosed space pathway" means a pathway through soil by which vapors from chemicals of concern may lead to a receptor creating an inhalation or explosive risk hazard.
"Storm water or wastewater collection system" means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.
"Surface impoundment" is a natural topographic depression, constructed excavation, or diked area formed primarily of earthen materials (although it may be lined with manufactured materials) that is not an injection well.
"Surface water body" means general use segments as provided in 567�paragraph 61.3(1)�a� and designated use segments of water bodies as provided in 567�paragraph 61.3(1)�b� and 567�subrule 61.3(5).
"Surface water criteria" means, for chemicals of concern, the Criteria for Chemical Constituents in Table 1 of rule 567�61.3(455B), except that �1,000 ug/L� will be substituted for the chronic levels for toluene for Class B designated use segments.
"Surface water pathway" means a pathway which leads to a surface water body.
"Tank" is a stationary device designed to contain an accumulation of regulated substances and constructed of nonearthen materials (e.g., concrete, steel, plastic) that provide structural support.
"Target level" means the allowable concentrations of chemicals of concern established to achieve an applicable target risk which must be met at the point(s) of compliance as specified in these rules.
"Target risk" refers to an applicable carcinogenic and noncarcinogenic risk factor designated in these rules and used in determining target levels (for carcinogenic risk assessment, target risk is a separate factor, different from exposure factors, both of which are used in determining target levels).
"Technological controls" means a physical action which does not involve source removal or reduction, but severs or reduces exposure to a receptor, such as caps, containment, carbon filters, point of use water treatment, etc.
"Temporary closure" means a regulated tank or UST system that has been out of operation for three months or more.
"Tier 1 level" means the groundwater and soil levels in the Tier 1 Look-up Table set out in rule 135.9(455B) and Appendix A.
"Tier 1 site assessment" means the evaluation of limited site-specific data compared to the Tier 1 levels established in these rules for the purpose of determining which pathways do not require assessment and evaluation at Tier 2 and which sites warrant a no further action required classification without further assessment and evaluation.
"Tier 2 site assessment" means the process of assessing risk to actual and potential receptors by using site-specific contaminant concentrations and designated Tier 2 exposure and fate and transport models to determine the applicable target level(s).
"Tier 3 site assessment" means a site-specific risk assessment utilizing more sophisticated data or analytic techniques than a Tier 2 site assessment.
"Training program" means any program that provides information to and evaluates the knowledge of a Class A, Class B, or Class C operator through testing, practical demonstration, or another approach acceptable to the department regarding requirements for UST systems that meet the requirements of subrules 135.4(6) to 135.4(12).
"Under-dispenser containment (UDC)" means containment underneath a dispenser system designed to prevent leaks from the dispenser and piping within or above the UDC from reaching soil or groundwater.
"Underground area" means an underground room, such as a basement, cellar, shaft or vault, providing enough space for physical inspection of the exterior of the tank situated on or above the surface of the floor.
"Underground release" means any below-ground release.
"Underground storage tank" "UST" means any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground. This term does not include any:a. Farm or residential tank of 1100 gallons or less capacity used for storing motor fuel for noncommercial purposes. Iowa Code section 455B.473(4) requires those tanks existing prior to July 1, 1987, to be registered. Tanks installed on or after July 1, 1987, must comply with all 567�Chapter 135 rules;b. Tank used for storing heating oil for consumptive use on the premises where stored;c. Septic tank;d. Pipeline facility (including gathering lines):(1) Which is regulated under 49 U.S.C. Chapter 601, or(2) Which is an intrastate pipeline facility regulated under state laws as provided in 49 U.S.C. Chapter 601 and which is determined by the Secretary of Transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;e. Surface impoundment, pit, pond, or lagoon;f. Storm-water or wastewater collection system;g. Flow-through process tank;h. Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; ori. Storage tank situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor.The term �underground storage tank� or �UST� does not include any pipes connected to any tank which is described in paragraphs �a� through �i� of this definition.
"Underground storage tank professional" or �UST professional� means an individual licensed by the department under 567�Chapter 134, Part C. The licensing program includes underground storage tank system installation, installation inspection, UST system testing, tank lining, cathodic protection installation/inspection, and UST removal. The license issued will list the type of work the individual is licensed to perform.
"Underground utility vault" means any constructed space accessible for inspection and maintenance associated with subsurface utilities.
"Unreasonable risk to public health and safety or the environment" means the Tier 1 levels for a Tier 1 site assessment, the applicable target level for a Tier 2 site assessment, and the applicable target level for a Tier 3 site assessment.
"Upgrade" means the addition or retrofit of some systems such as cathodic protection, lining, or spill and overfill controls to improve the ability of an underground storage tank system to prevent the release of product.
"UST system" "tank system" means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any.
"Utility envelope" means the backfill and trench used for any subsurface utility line, drainage system and tile line.
"Wastewater treatment tank" means a tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.
"Water line" means a hollow cylinder or tubular conduit that routinely contains and conveys potable water and is constructed of nonearthen materials, including but not limited to asbestos-cement, copper, high-density polyethylene (HDPE), polybutylene, polyethylene, and wood. Such piping includes any elbows, couplings, unions, valves, or other in-line fixtures, as well as the gaskets, which contain and convey potable water.
"Water main pipe" means a main line to the water distribution system with feeder lines or service lines connected to it and which typically is 6 inches or greater in diameter, and includes its gaskets and other appurtenances.
Related ARC(s): 7621B, 8124B, 9011B, 5625C567135.3(455B)��UST systems�design, construction, installation and notification.����135.3(1)����Performance standards for new UST systems.��In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all owners and operators of new UST systems must meet the following requirements. The UST system must be secondarily contained in accordance with subrule 135.3(9).��a.����Tanks.��Each tank must be properly designed and constructed, and any portion underground that routinely contains product must be protected from corrosion, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below:��(1)��The tank is constructed of fiberglass-reinforced plastic; orNote: The following codes of practice may be used to comply with subparagraph135.3(1)�a�(1): Underwriters Laboratories Standard 1316, �Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures� or Underwriters Laboratories of Canada S615, �Standard for Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids.���(2)��The tank is constructed of steel and cathodically protected in the following manner:- The tank is coated with a suitable dielectric material;
- Field-installed cathodic protection systems are designed by a corrosion expert;
- Impressed current systems are designed to allow determination of current operating status as required in paragraph135.4(2)�c.� This shall be accomplished by providing the rectifier with ampere and voltage meters that can be read by the owner and operator for comparison to the design standard set by the corrosion expert or a device that can warn the owner and operator when changes in ampere and voltage occur outside the design standard set by the corrosion expert;
- Cathodic protection systems are operated and maintained in accordance with subrule 135.4(2) or according to guidelines established by the department; and
- Impressed current systems must be designed not to cause stray current that can damage other underground structures (metal electrical conduits, water lines, gas lines, etc.); or
- The tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life; and
- Owners and operators maintain records that demonstrate compliance with the requirements of paragraph 135.3(1)�a�(4)�1� for the remaining life of the tank; or
- The piping is coated with a suitable dielectric material;
- Field-installed cathodic protection systems are designed by a corrosion expert;
- Impressed current systems are designed to allow determination of current operating status as required in paragraph135.4(2)�c�; and
- Cathodic protection systems are operated and maintained in accordance with subrule 135.4(2) or guidelines established by the department; or
- The piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause it to have a release due to corrosion during its operating life; and
- Owners and operators maintain records that demonstrate compliance with the requirements of paragraph135.3(1)�b�(3)�1� for the remaining life of the piping; or
- Spill prevention equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe (for example, a spill catchment basin); and
- Overfill prevention equipment that will:
- Alternative equipment is used that is determined by the department to be no less protective of human health and the environment than the equipment specified in paragraph 135.3(1)�b�(1)�1� or �2�; or
- The UST system is filled by transfers of no more than 25 gallons at one time.
- The lining was installed in accordance with the requirements of subrule135.4(4), and
- Within ten years after lining, and every five years thereafter, the lined tank is internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications.
- If the internal lining is no longer performing in accordance with original design specifications and cannot be repaired in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory, the lined tank must be permanently closed in accordance with rule 567�135.15(455B).
- The tank was internally inspected and assessed to ensure that the tank was structurally sound and free of corrosion holes prior to installing the cathodic protection system; or
- The tank had been installed for less than ten years and is monitored monthly for releases in accordance with 135.5(4)�d� through �i�; or
- The tank had been installed for less than ten years and was assessed for corrosion holes by conducting two tightness tests that meet the requirements of paragraph135.5(4)�c.� The first tightness test must have been conducted prior to installing the cathodic protection system. The second tightness test must have been conducted between three and six months following the first operation of the cathodic protection system; or
- The tank was assessed for corrosion holes by a method that is determined by the department to prevent releases in a manner that is no less protective of human health and the environment than paragraphs135.3(2)�b�(2)�1� to �3.�
- The lining was installed in accordance with the requirements of subrule135.4(4); and
- The cathodic protection system was installed within six months of lining installation and meets the requirements of paragraphs135.3(1)�a�(2)�2,� �3,� and �4.�
- Installation and performance of an approved UST and piping release detection method as provided in rule 567�135.5(455B), including an annual line tightness test and a line leak detector test if applicable.
- Installation of an approved overfill and spill protection system as provided in paragraph 135.3(1)�c.�
- Installation of an approved corrosion protection system as provided in paragraphs 135.3(1)�a� and �b.�
- If the UST system has been out of operation for more than three months, that the UST system has been temporarily closed in accordance with rule 567�135.15(455B) and a certification of temporary closure has been submitted to the department.
- If the UST system has been removed or filled in place within the last 12 months, the date of removal or filling in place and whether a closure report has been submitted as provided in rule 567�135.15(455B).
- Class A operators assist the owner by ensuring that underground storage tank systems are properly installed and expeditiously repaired and inspected; financial responsibility is maintained; and records of system installation, modification, inspection and repair are retained and made available to the department and certified compliance inspectors. The Class A operator shall properly respond to and report emergencies caused by releases or spills from UST systems, ensure that the annual tank management fees are paid, and ensure that Class B and Class C operators are properly trained.
- Class A operators shall be familiar with training requirements for each class of operator and may provide required training for Class C operators.
- Class A operators shall provide site drawings that indicate equipment locations for Class B and Class C operators.
- Performing mandated system tests at required intervals and making sure spill prevention, overfill control equipment, and corrosion protection equipment are properly functioning.
- Assisting the owner by ensuring that release detection equipment is operational, release detection monitoring and tests are performed at the proper intervals, and release detection records are retained and made available to the department and compliance inspectors.
- Making sure record-keeping and reporting requirements are met and that relevant equipment manufacturers� or third-party performance standards are available and followed.
- Properly responding to, investigating, and reporting emergencies caused by releases or spills from USTs.
- Performing UST release detection in accordance with rule 567�135.5(455B).
- Monitoring the status of UST release detection.
- Meeting spill prevention, overfill prevention, and corrosion protection requirements.
- Reporting suspected and confirmed releases and taking release prevention and response actions according to the requirements of rule 567�135.6(455B).
- Training and documenting Class C operators to make sure at least one Class C operator is on site during operating hours. Class B operators shall be familiar with Class C operator responsibilities and may provide training for Class C operators.
- Requirements developed by the manufacturer (Note: Owners and operators may use this option only if the manufacturer has developed requirements); or
- A code of practice developed by a nationally recognized association or independent testing laboratory; or
- Requirements determined by the department to be no less protective of human health and the environment than the requirements listed in this subrule.
- Shut down the submersible pump when a leak is detected.
- Restrict the flow of product when a leak is detected.
- Trigger an audible or visual alarm when a leak is detected.
- Notification of the Class B operator by immediate electronic communication.
- Signage directing the customer to contact the Class B operator or a designated contact person. The sign must be immediately visible to the customer and state that slow flow or an audible or visual alarm is an indication of a possible release. The sign must provide a 24-hour telephone number of the Class B operator or designee and direct the customer to stop dispensing product.
- Daily visit to the site by a Class A, B, or C operator or designee. Visits shall include observation of every automatic line leak detector for shutdown, alarm, or restricted flow conditions. Methods of observing for restricted flow conditions may include dispensing product into a proper container or personal vehicle, observing a customer dispense product into a vehicle, or another method approved by the department. Owners and operators shall maintain an onsite log of site visits to demonstrate compliance with this provision. The log shall include the name of the observer and method used to observe the status of the automatic line leak detectors.
- Be equipped with an automatic line leak detector conducted in accordance with paragraph135.5(5)�a�; and
- Have an annual line tightness test conducted in accordance with paragraph135.5(5)�b� or have monthly monitoring conducted in accordance with paragraph135.5(5)�c.� Piping installed after November 28, 2007, must use interstitial monitoring of the piping secondary containment in accordance with paragraph 135.5(5)�d.�
- The below-grade piping operates at less than atmospheric pressure;
- The below-grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released;
- Only one check valve is included in each suction line;
- The check valve is located directly below and as close as practical to the suction pump; and
- A method is provided that allows compliance with �2� through �4� to be readily determined.
- Continuously, by means of an automatic leak sensing device that signals to the operator the presence of any regulated substance in the interstitial space; or
- Monthly, by means of a procedure capable of detecting the presence of any regulated substance in the interstitial space.
- The interstitial space shall be maintained and kept free of liquid, debris or anything that could interfere with leak detection capabilities.
- The secondary barrier around or beneath the UST system consists of artificially constructed material that is sufficiently thick and impermeable (at least 10-6 cm/sec for the regulated substance stored) to direct a leak to the monitoring point and permit its detection;
- The barrier is compatible with the regulated substance stored so that a leak from the UST system will not cause a deterioration of the barrier allowing a release to pass through undetected;
- For cathodically protected tanks, the secondary barrier must be installed so that it does not interfere with the proper operation of the cathodic protection system;
- The groundwater, soil moisture, or rainfall will not render the testing or sampling method used inoperative so that a release could go undetected for more than 30 days;
- The site is assessed to ensure that the secondary barrier is always above the groundwater and not in a 25-year flood plain, unless the barrier and monitoring designs are for use under such conditions; and
- Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.
- Continuously, by means of an automatic leak sensing device that signals to the operator the presence of any regulated substance in the interstitial space or containment sump; or
- Monthly, by means of a procedure capable of detecting the presence of any regulated substance in the interstitial space or containment sump, such as visual inspection.
- A law of the United States or the state;
- A regulation issued pursuant to federal or state laws;
- An ordinance or regulation of a political subdivision in which real estate subject to the institutional control is located;
- An environmental covenant as provided in 2005 Iowa Code Supplement section 455B.474(1)�f�(4)(f) and in accordance with the provisions of 2005 Iowa Code Supplement chapter 455I and 567�Chapter 14;
- Any other institutional control the owner or operator can reasonably demonstrate to the department will reduce the risk from a release throughout the period necessary to ensure that no applicable target level is likely to be exceeded.